95.55(5)(b)
(b) No owner of farm-raised deer may sell, or offer to sell, the opportunity to hunt farm-raised deer unless the farm-raised deer to be hunted are confined in an area of 80 contiguous acres or more, except as provided in
pars. (bg) and
(br).
95.55(5)(bg)
(bg) The area required under
par. (b) may be less than 80 contiguous acres if all of the following applies:
95.55(5)(bg)1.
1. The owner subject to
par. (b) had a license for a deer farm issued under s.
29.871, 1999 stats., that was in effect on December 31, 2002, and that authorized persons other than the licensee or the licensee's employees to hunt deer.
95.55(5)(bg)2.
2. The owner was in compliance with the requirement to register with the department under this section beginning on January 1, 2003, and has been registered continuously since that date.
95.55(5)(bg)3.
3. The deer are confined in an area that is not less than the acreage subject to the deer farm license on December 31, 2002.
95.55(5)(bg)4.
4. Before [to] January 1, 2003, the owner offered for sale the opportunity to hunt as authorized under the license.
95.55 Note
NOTE: The bracketed word was inserted by
2005 Wis. Act 359, but is unnecessary. Corrective legislation is pending.
95.55(5)(bg)5.
5. The owner submits to the department evidence that demonstrates that the owner meets the requirements of this paragraph, and the department verifies the evidence.
95.55(5)(bk)1.
1. A copy of the notice given by the owner to the department of natural resources before the taking of deer, as required under s.
29.871 (7), 1999 stats.
95.55(5)(bk)2.
2. The acknowledgement by the department of natural resources of the notice submitted by the owner before the taking of deer, as required under s.
29.871 (7), 1999 stats.
95.55(5)(bk)3.
3. An annual report submitted by the owner to the department of natural resources under s.
29.871 (12), 1999 stats.
95.55(5)(bk)4.
4. State or federal income tax records or sales tax records.
95.55(5)(bk)5.
5. A conditional use permit or other regulation imposed by a political subdivision.
95.55(5)(bk)7.
7. Brochures, advertisements, Internet sites, or other promotional information.
95.55(5)(bm)
(bm) An owner who wishes to demonstrate compliance with
par. (bg) shall make application to the department no later than November 1, 2006.
95.55(5)(bn)
(bn) Notwithstanding any authorization for hunting under this section, no person may do any of the following:
95.55(5)(bn)1.
1. Shoot or shoot at a farm-raised deer while hunting unless the person is in physical possession of the weapon.
95.55(5)(bn)2.
2. Provide or operate, or offer to provide or operate, a facility that allows a person the opportunity to hunt a farm-raised deer if the person who is hunting is in violation of
subd. 1.
95.55(5)(br)
(br) If an individual under this section to whom
par. (bg) applies transfers his or her registration certificate or his or her ownership interest to a member of his or her immediate family under
sub. (3c) (b), the area required under
par. (b) may be less than 80 contiguous acres but may not be less than the acreage subject to the deer farm license on December 31, 2002.
95.55(5)(c)
(c) The department of natural resources and the department of agriculture, trade and consumer protection shall cooperate with each other with respect to the hunting of farm-raised deer.
95.55(6)(a)(a) The department shall promulgate rules to regulate persons who keep farm-raised deer. The rules shall establish disease testing requirements for bovine tuberculosis and chronic wasting disease and may establish testing requirements for other diseases.
95.55(6)(b)
(b) The rules promulgated under this subsection may include any of the following:
95.55(6)(b)1.
1. Standards to be followed by persons keeping farm-raised deer to prevent the spread of disease.
95.55(6)(b)2.
2. Provisions requiring that registration under this section be on an annual basis.
95.55(6)(b)3.
3. Exemptions from any annual registration requirements established under
subd. 2.
95.57
95.57
Poultry and farm-raised game birds; national poultry improvement program. 95.57(1)
(1)
Participation in program. The department may promulgate rules to require that any of the following originate from a flock of a person participating in the national poultry improvement plan under
9 CFR part 145:
95.57(1)(a)
(a) Poultry, including their eggs, that are used for breeding purposes.
95.57(1)(b)
(b) Farm-raised game birds, including their eggs, that are used for breeding purposes.
95.57(2)
(2) Fees. The department shall promulgate a rule to set any fee that it imposes on a person for participation in the national poultry improvement plan.
95.57 History
History: 2001 a. 56.
95.60
95.60
Importing fish; fish farms. 95.60(2)(a)(a) No person may bring any fish or fish eggs into this state for the purpose of introduction into the waters of the state, of use as bait or of rearing in a fish farm without an annual permit issued by the department.
95.60(2)(b)
(b) No person may bring any fish or fish eggs of the family salmonidae into this state for the purpose of introduction into the waters of the state unless the fish are certified, as provided in the rules promulgated under
sub. (4s) (d), to be free of the diseases specified under
sub. (4s) (d).
95.60(2)(c)
(c) The department may require a person who is subject to
par. (a) or
(b) to notify the department before bringing fish or fish eggs into this state.
95.60(2)(d)
(d) The department of natural resources is exempt from
par. (a).
95.60(3)
(3) The department may promulgate rules, applicable to persons who operate fish farms, that require any evidence of fish health that the department determines is necessary.
95.60(3m)
(3m) A person who operates a fish farm shall annually register the fish farm with the department. The person registering the fish farm shall provide any evidence of fish health required under
sub. (3) and shall identify the activities that will be engaged in, the species of fish that will be used, and the facilities that will be used on the fish farm.
95.60(4)(a)(a) The department shall inspect a fish farm upon initial registration under
sub. (3m). The department may inspect a fish farm at any other time.
95.60(4)(b)
(b) The department may inspect fish and fish eggs subject to
subs. (2) and
(3) and the rules under
sub. (4s) (b) to ensure the health of the fish and fish eggs. The inspection may include removal of reasonable samples of the fish and fish eggs for biological examination.
95.60(4)(c)
(c) A person who operates a fish farm shall keep records on purchases, sales and production of fish and fish eggs and any other records required by the department by rule. The department may inspect these records upon request.
95.60(4m)
(4m) The department shall maintain a registry of fish farms.
95.60(4s)
(4s) The department shall do all of the following:
95.60(4s)(a)
(a) In consultation with the department of natural resources, promulgate rules specifying requirements for the labeling and identification, in commerce, of fish reared in fish farms.
95.60(4s)(b)
(b) In consultation with the department of natural resources, promulgate rules specifying fish health standards and requirements for certifying that fish meet those standards for the purpose of
s. 29.736.
95.60(4s)(c)
(c) Promulgate rules specifying the qualifications that a person who is not a veterinarian must satisfy in order to provide evidence of fish health.
95.60(4s)(d)
(d) In consultation with the department of natural resources, promulgate rules specifying diseases and requirements for certifying that fish are free of those diseases for the purposes of
sub. (2) (b).
95.60(4s)(e)
(e) Promulgate rules establishing the period for which a record required under
sub. (4) (c) must be retained.
95.60(5)
(5) The department shall, by rule, specify the fees for permits, certificates, registration and inspections under this section.
95.60(6)
(6) No person, except the department of natural resources, may rear lake sturgeon in a fish farm.
95.60(7)
(7) Any information kept by the department that identifies the type or number of fish or fish eggs bought, raised or sold by a privately owned fish farm or the supplier or purchaser of those fish or fish eggs is not subject to inspection or copying under
s. 19.35 (1) except as the department determines is necessary to protect fish health or prevent the spread of disease.
95.60(8)
(8) The department may provide training to veterinarians and other persons who issue fish health certificates for the purposes of this section. The department may charge fees to recover the cost of providing the training.
95.65
95.65
Intrastate transportation of white-tailed deer. 95.65(1)(1) In this section, "cervid" means a member of the family of animals that includes deer and moose.
95.65(2)
(2) The department shall impose the same requirements on the intrastate transportation of white-tailed deer that it imposes on the intrastate transportation of other cervids.
95.65 History
History: 2001 a. 109.
95.67
95.67
Proper use of animal care and disease control products. No person may use chemical, biological or disease control products in the treatment or care of food producing animals without substantially complying with instructions, warnings and directions for use on the product label. No animal or food product including milk of the animal shall be marketed for processing or use as food prior to the time specified on the label of a product used in the treatment or care of the animal. This section applies neither to licensed veterinarians who prescribe or administer drugs in conformity with federal restrictions nor to persons using drugs in a manner prescribed by a licensed veterinarian. This section shall not prevent a farmer from administering animal disease control products to livestock in compliance with instructions on the product label.
95.67 History
History: 1971 c. 240.
95.68
95.68
Animal markets. 95.68(1)(1)
Definitions. In this section:
95.68(1)(ag)
(ag) "Animal market" means any premises which are open to the public for the purpose of trading in livestock or wild animals and on which facilities are maintained for their yarding, feeding and watering prior to sale.
95.68(1)(am)
(am) "Equine animal" means a horse, mule, zebra, donkey or ass.
95.68(1)(b)
(b) "Equine market" means an animal market that is open to the public solely for the purpose of trading in equine animals.
95.68(1)(d)
(d) "Livestock" means bovine animals, sheep, goats, swine, farm-raised deer and equine animals.
95.68(1)(g)
(g) "Wild animal" means a wild animal that is subject to regulation under
ch. 169.
95.68(2)
(2) License. Except as provided in
sub. (2m), no person may operate an animal market without an annual license from the department. An animal market license expires on June 30 annually. A separate license is required for every animal market. A license is not transferable between persons or locations.
95.68(2m)(a)(a) A person is not required to obtain a license under
sub. (2) to operate an occasional auction sale sponsored by a livestock breeder association or a youth agricultural organization if records of the transactions at the sale are maintained by an auctioneer registered under
ch. 480 or by an animal dealer licensed under
s. 95.69.
95.68(2m)(b)
(b) The department may promulgate rules to exempt groups of persons from the licensing requirement under
sub. (2) or the registration requirement under
sub. (7) or both.
95.68(3)
(3) Application. An application for a license under
sub. (2) shall be made on a form provided by the department and shall include information reasonably required by the department for licensing purposes. An application shall be accompanied by the applicable fees and surcharges required under
subs. (4) and
(5).
95.68(4)
(4) Fees. Unless the department specifies a different fee by rule, the fee for a license issued under this section is the following amount:
95.68(4)(a)
(a) For an animal market that is not an equine market and that conducted sales at the market on at least 5 days during the year immediately preceding the year for which the license is issued, $150.
95.68(4)(b)
(b) For an animal market that is not an equine market and that conducted sales on fewer than 5 days during the year immediately preceding the year for which the license is issued, $75.
95.68(4)(c)
(c) For an animal market other than one described in
par. (a) or
(b), $100.
95.68(5)(a)(a) An applicant for a license under
sub. (2) shall pay a license fee surcharge of $100 if the department determines that within 365 days prior to submitting the license application the applicant did any of the following:
95.68(5)(a)1.
1. Operated an animal market without a license in violation of
sub. (2).
95.68(5)(a)2.
2. Operated an unregistered animal transport vehicle in violation of
sub. (7).
