1995 Wisconsin Act 79

79,24 Section 24 . 29.49 (1) (a) (intro.) of the statutes is amended to read:

29.49 (1) (a) (intro.) Except as provided in ss. s. 29.52 and 29.581, no innkeeper, manager or steward of any restaurant, club, hotel, boarding house, tavern, logging camp or mining camp may sell, barter, serve or give, or cause to be sold, bartered, served or given to the guests or boarders thereof:

79,25 Section 25 . 29.49 (3) of the statutes is created to read:

29.49 (3) Exemption. This section does not apply to the meat from farm-raised deer.

79,26 Section 26 . 29.55 (2m) of the statutes is created to read:

29.55 (2m) Subsections (1) and (2) do not apply to farm-raised deer.

79,27 Section 27 . 29.574 (1m) of the statutes is amended to read:

29.574 (1m) This section does not apply to commercially raised farm-raised deer, as defined in s. 95.25 (5m).

79,28 Section 28 . 29.578 (1m) of the statutes is amended to read:

29.578 (1m) This section does not apply to commercially raised deer, as defined in s. 95.25 (5m), or to commercial deer farms licensed under s. 29.58 of the genus dama, cervus or rangifer.

79,29 Section 29 . 29.58 of the statutes is repealed.

79,30 Section 30 . 29.581 of the statutes is repealed.

79,31g Section 31g. 29.583 (1) of the statutes is amended to read:

29.583 (1) The department may seize and dispose of or may authorize the disposal of any deer that has escaped from land licensed under s. 29.574, or 29.578 or 29.58 or owned by a person registered under s. 95.55 if the escaped deer has traveled more than 3 miles from the land or if the licensee or person has not had the deer returned to the land within 72 hours of the discovery of the escape.

79,31r Section 31r. 29.583 (2) of the statutes is amended to read:

29.583 (2) Notwithstanding the 72-hour waiting period in sub. (1), the department of natural resources may dispose of the deer immediately if the department of agriculture, trade and consumer protection determines that the deer poses a risk to public safety or to the health of other domestic or wild animals.

79,33 Section 33. 29.585 (2) (a) of the statutes is amended to read:

29.585 (2) (a) The term In this section, “wild animal" as used in this section means any mammal, fish or bird of a wild nature as distinguished from domestic animals under the common law or under the Wisconsin statutes whether or not the mammal, fish or bird was bred or reared in captivity, but does not include deer of the genus dama, cervus or rangifer.

79,34 Section 34 . 29.586 (4) of the statutes is created to read:

29.586 (4) This section does not apply to farm-raised deer.

79,35 Section 35 . 29.59 (1) (f) of the statutes is amended to read:

29.59 (1) (f) Notwithstanding s. 29.01 (14), “wild animal" means any undomesticated mammal or bird, but does not include farm-raised deer.

79,36 Section 36 . 29.598 (1) of the statutes is amended to read:

29.598 (1) Definition. As used in In this section, “wildlife damage" means damage caused by wild deer that live in the wild, bear or geese to commercial seedings or crops on agricultural land, to orchard trees or nursery stock or to apiaries or livestock.

79,37 Section 37 . 29.645 of the statutes is amended to read:

29.645 Larceny of game. A person who, without permission of the owner, molests, disturbs or appropriates any wild animal or its carcass that has been lawfully reduced to possession by another shall forfeit not less than $1,000 nor more than $2,000. This section does not apply to farm-raised deer.

79,38 Section 38 . 29.99 (15) of the statutes is amended to read:

29.99 (15) In any prosecution under this section it is not necessary for the state to allege or prove that the animals were not commercially raised farm-raised deer or domesticated animals; that they were not taken for scientific purposes, or that they were taken or in possession or under control without a required approval. The person claiming that these animals were commercially raised farm-raised deer or domesticated animals, that they were taken for scientific purposes or that they were taken or in possession or under control under the required approval, has the burden of proving these facts. In this subsection, “commercially raised deer" has the meaning given in s. 95.25 (5m).

79,39b Section 39b. 90.20 of the statutes is created to read:

90.20 Fencing of farm-raised deer. (1) Definitions. In this section:

(a) “Farm-raised deer" has the meaning given in s. 95.001 (1) (a).

(b) “Heavily galvanized" means having a zinc coating weighing 230 grams per square meter or 0.8 ounces per square foot.

(c) “High tensile" means having a tensile strength of 179,000 to 210,000 pounds per square inch.

(d) “Medium tensile" means having a tensile strength of 101,000 to 123,000 pounds per square inch.

(2) Specifications. Any person who keeps farm-raised deer shall keep the farm-raised deer enclosed by a fence that meets all of the following requirements:

(a) Except for animals of the genus rangifer, the fence is at least 7 feet 10 inches high and is a woven wire fence that satisfies sub. (3), is a high tensile fence that satisfies sub. (4) or, if made of other materials, is of a design and level of strength that provides equivalent retentive capacity. The top 6 inches of the fence may consist of a single strand of smooth high tensile wire.

(b) For animals of the genus rangifer, the fence is at least 5 feet high and is a woven wire fence that satisfies sub. (3), is a high tensile fence that satisfies sub. (4) or, if made of other materials, is of a design and level of strength that provides equivalent retentive capacity.

(c) If the fence is made with wood posts, all of the following apply:

1. The posts are at least 12 feet long.

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

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

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

(d) If the fence is made with steel or iron posts, the posts are at least 11 feet long or, if the posts are of the type known as T post, the posts are at least 10 feet long.

(e) The wires are installed on the side of the fence toward the farm-raised deer except at corners.

(3) Woven wire fence. A woven wire fence satisfies the requirements of this subsection if all of the following apply;

(a) The wire is 14 1/2 gauge or heavier.

(b) If the wire is 14 1/2 gauge, the mesh is not larger than 36 square inches.

(c) If the wire is heavier than 14 1/2 gauge, the mesh is not larger than 48 square inches.

(d) The posts are not more than 12 feet apart.

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

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

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

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

(d) The distance between vertical stay wires is not more than 6 inches.

(e) 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.

(f) The posts are not more than 20 feet apart.

79,40 Section 40 . 93.07 (10) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 93.07 (10) (b) and amended to read:

93.07 (10) (b) To protect the health of domestic animals of the state; to determine and employ the most efficient and practical means for the prevention, suppression, control and eradication of communicable diseases among domestic animals, and for these purposes it may establish, maintain, enforce and regulate such quarantine and such other measures relating to the importation, movement and care of animals and their products, the disinfection of suspected localities and articles, and the disposition of animals, as the department may deem necessary. The definition of “communicable disease" in s. 990.01 (5g) does not apply to this subsection paragraph.

79,41 Section 41 . 93.07 (10) (a) of the statutes is created to read:

93.07 (10) (a) In this subsection, “domestic animals" includes farm-raised deer, as defined in s. 95.001 (1) (a).

79,42 Section 42 . 95.001 (1) (a) of the statutes is renumbered 95.001 (1) (am).

79,43 Section 43 . 95.001 (1) (a) of the statutes is created to read:

95.001 (1) (a) “Farm-raised deer" means an animal that is a member of the family cervidae and of the genus dama, the genus rangifer or the genus cervus, except for an elk that is present in the wild and that does not have an ear tag or other mark identifying it as being raised on a farm.

79,44 Section 44 . 95.25 (1) and (2) of the statutes are amended to read:

95.25 (1) In order to detect and control bovine tuberculosis the department may test for tuberculosis those cattle where indication of possible infection is disclosed by means of the slaughter cattle identification program and any other cattle or herds, farm-raised deer or other species the department has reason to believe may be infected or exposed or deems considers necessary to test for any other reason. Tuberculosis tests authorized by the department shall be made at such times and in such manner as the department determines, in the light of the latest and best scientific and practical knowledge and experience.

(2) Upon reasonable notice, the department, its authorized agents and all inspectors and persons appointed or authorized to assist in the work of applying the tuberculin test, may enter any buildings or inclosures where cattle, farm-raised deer or other species are, for the purpose of making inspection and applying the tuberculin test, and any person who interferes therewith or obstructs them in their work or attempts to obstruct or prevent by force the inspection and the testing (in addition to the penalty prescribed therefor) shall be liable for all damages caused thereby to the state or to any person lawfully engaged in the work of inspection and testing.

79,45 Section 45 . 95.25 (2m) of the statutes is created to read:

95.25 (2m) The owner or other person in possession of animals subject to inspection or testing under this section shall provide animal handling facilities to ensure the safety of the animals and the persons conducting the inspection or testing under this section.

79,46 Section 46 . 95.25 (4m) of the statutes is created to read:

95.25 (4m) The department is not liable for injury to or death of animals during inspection or testing under this section unless negligence by the department causes the injury or death.

79,47 Section 47 . 95.25 (5m) of the statutes is repealed.

79,48 Section 48 . 95.30 of the statutes is amended to read:

95.30 (title) Disposal of cattle animals infected with tuberculosis. The owner of cattle or farm-raised deer tested and found to be afflicted with bovine tuberculosis shall ship them under the direction of the department to some place designated by it for immediate slaughter under U.S. government inspection, or under the inspection approved by the department.

79,49 Section 49 . 95.31 (3) of the statutes is amended to read:

95.31 (3) In addition to the indemnities for specific animal diseases provided under ss. 95.25, 95.26, 95.27 and 95.35 or under special emergency programs, the department shall pay indemnities on livestock condemned and destroyed because of unknown or unidentified contagions or infections, the cause or nature of which cannot be fully determined at the time of condemnation. Indemnities for unknown or unidentified diseases shall be equal to the difference between net salvage and appraised or agreed values, but not to exceed $600. As used in this subsection, “livestock" means bovines, equines, swine, sheep, goats, poultry and commercially raised farm-raised deer, as defined in s. 95.25 (5m).

79,50 Section 50 . 95.33 of the statutes is amended to read:

95.33 Tubercular animals that do not react. Whenever in the opinion of the department a bovine or farm-raised deer is afflicted with tuberculosis, although failing to react to the tubercular test, such animal shall be condemned and the appraisal and all subsequent procedure shall be the same as in the case of reactors.

79,51 Section 51 . 95.40 (title) and (1) of the statutes are amended to read:

95.40 (title) Neutralizing cattle tuberculosis test. (1) No person shall use or cause to be used tuberculin or any other agent upon cattle or farm-raised deer, by injection or otherwise, for the purpose of preventing a proper reaction when a tuberculin test is made.

79,52 Section 52. 95.41 (2) of the statutes is amended to read:

95.41 (2) The department shall provide ear tags to be used for identifying cattle and farm-raised deer tested for purposes of disease control, and shall distribute the tags to persons authorized by the department to identify cattle and farm-raised deer.

79,53 Section 53 . 95.42 of the statutes is amended to read:

95.42 Revocation of permit to test. Only veterinarians approved by the department may apply the tuberculin test to cattle and farm-raised deer, and no veterinarian applying the test may tag or brand reactors except as specifically authorized or directed by the department. Any veterinarian who fails to comply with this section and the rules and instructions furnished by the department shall forfeit all right to apply the tuberculin test.

79,54 Section 54 . 95.55 of the statutes is created to read:

95.55 Farm-raised deer; registration. (1) Registration. (a) Except as provided in par. (b), no person may keep farm-raised deer unless the person is registered with the department under this section.

(b) Establishments licensed under s. 97.42 may keep live farm-raised deer for slaughtering purposes for up to 72 hours without being registered under this section.

(2) Application. A person shall register under this section using a form provided by the department. The form shall be accompanied by the fee specified under sub. (3).

(3) Fee. The department shall, by rule, specify the fee for registration under this section.

(4) Animal handling facilities. A person required to register under this section shall provide animal handling facilities to ensure the safety of farm-raised deer during handling and of the persons handling the farm-raised deer.