ATCP 10.46 Note
Note: Paragraph (ac) does not exist. The error will be corrected in future rulemaking.
ATCP 10.46(7)(a)3.
3. Except as specified under
par. (ad), a nonrefundable annual fee of $325 if the herd includes more than 15 farm-raised deer.
ATCP 10.46 Note
Note: Paragraph (ad) does not exist. The error will be corrected in future rulemaking.
ATCP 10.46(7)(am)
(am) An individual who is eligible for the veteran's fee waiver program under s.
45.44, Stats., is exempt from the registration fee under par.
(a).
ATCP 10.46(7)(b)
(b) A person who applies to register a medically separated herd at the same location where another herd is registered shall pay a nonrefundable fee specified under s.
ATCP 10.025.
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 complete registration application under sub.
(6), 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 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 farm-raised deer that enters the herd from another herd:
ATCP 10.46(10)(a)4.
4. The name and address of the person from whom the farm-raised deer was obtained. The record shall also identify the person who had custody of the farm-raised deer during shipment.
ATCP 10.46(10)(ae)
(ae) A person who keeps farm-raised deer shall keep a record of each known natural addition to the herd, including the month and year of birth, and sex of the farm-raised deer, if determined.
ATCP 10.46(10)(am)
(am) 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 by movement authorized under s.
ATCP 10.56:
ATCP 10.46(10)(am)4.
4. The name and address of the person to whom the farm-raised deer was shipped. The record shall also identify the person who had custody of the farm-raised deer during shipment.
ATCP 10.46(10)(as)
(as) A person who keeps farm-raised deer shall keep all records required to be reported under sub.
(12), regarding any farm-raised deer that escapes to the wild.
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 a slaughtering establishment:
ATCP 10.46(10)(b)1.
1. The official individual identification or back tag of the farm-raised deer.
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. All individual 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 and the apparent cause of death.
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 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). If the carcass is buried or otherwise disposed of on the premises of the farm-raised deer keeper, the record shall identify the disposal method and location.
ATCP 10.46(10)(cm)1.1. A person who receives farm-raised deer but does not own the deer shall keep all records required under this subsection relating to the farm-raised deer.
ATCP 10.46(10)(cm)2.
2. A person who provides farm-raised deer to another premises, including a hunting ranch, but who retains ownership of the deer, shall keep records required under pars.
(am) and
(c).
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 individual identification required under s.
ATCP 10.54 or slaughter identification under s.
ATCP 12.05 (5) (b), or the farm-raised deer carcass compli
es with sub. (13).
ATCP 10.46(11)(d)1.1. Except as authorized under subd.
2., cause or allow farm-raised deer to commingle with bovine animals on the same premises or in the same building, enclosure or vehicle unless all the animals are shipped directly to a slaughtering establishment and accompanied by a completed federal bureau form VS 1-27 or a department permit under s.
ATCP 10.08 (3).
ATCP 10.46(11)(d)2.
2. Farm-raised deer may be kept on the same premises as bovine animals and moved to a premises other than a slaughtering establishment under subd.
1., if one of the following requirements is met and an animal is moved in accordance with the requirements under this chapter:
ATCP 10.46(11)(d)2.b.
b. The herd of farm-raised deer and bovine animals are certified by the department as accredited tuberculosis-free.
ATCP 10.46(11)(d)2.c.
c. The herd of both farm-raised deer and bovine animals meet the testing requirements to become a tuberculosis-qualified herd and any animal to be moved has been classified negative to an official tuberculosis test that was conducted prior to the date of movement. The test under this subd.
2. c. shall be conducted within 90 days prior to the date of movement of farm-raised deer, and 60 days prior to the date of movement of bovine animals. If the herd test to achieve qualified herd status was conducted within 90 days of individual movement for farm-raised deer, and 60 days for bovine animals, the animal to be moved does not require an additional individual test.
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(11)(e)
(e) Intentionally release farm-raised deer to the wild or take no action to prevent escapes.
ATCP 10.46(11)(f)
(f) Feed or bait in a manner that may attract wild deer to the fence of the farm-raised deer herd.
ATCP 10.46(12)(a)1.1. 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 species, age, sex, and any identification of the farm-raised deer that escaped, the location of the escape, the apparent date and time of the escape, the circumstances that resulted in the escape, and steps taken to prevent recurring escapes.
ATCP 10.46(12)(a)2.
2. A person keeping farm-raised deer shall be responsible for testing for chronic wasting disease in accordance with s.
ATCP 10.52, any farm-raised deer that escapes from the keeper's herd.
ATCP 10.46(12)(a)3.
3. A person keeping farm-raised deer that, through deliberate action or inaction, permit deer to escape into the wild may be found in violation of sub.
(11).
ATCP 10.46(12)(am)
(am) If an escaped farm-raised deer is killed before returning to the herd, the person shall report to the department the date it was killed, the date the chronic wasting disease sample was submitted for testing, and the results of that test.
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 date of the return and 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 120 hours after it escapes, the herd 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 and is returned to the herd more than 24 hours after the escape, the herd 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 affected area 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 or others as allowed by the department. 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) 224-4872, by visiting the department website at
http://datcp.wi.gov, 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 re-registration 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;
CR 13-058: r. (2) (d), am. (4) (a), (b) 1., (5) (b) 2., cr. (5) (e), renum. (6) (c) to (6) (c) (intro.), 1. to 4. and (cm) and am., cr. (7) (am), am. (10) (a) 7., (c) 4.
Register March 2014 No. 699, eff. 6-1-14;
CR 15-092: cr. (1) (f), am. (1m) (b), (4) (a), (b) 2., (5) (a), renum. (5) (b) 2. to (5) (b) 2. (intro.) and a. and am., cr. (5) (b) 2. b., am. (5) (b) 3., (6) (c) 4., (f), (7) (b), (10) (a) (intro.), 1., 3. to 5., r. (10) (a) 7., cr. (10) (ae), (am), (as), am. (10) (b) (intro.), 1., (c) 3., (11) (c), renum. (11) (d) to (11) (d) 1. and am., cr. (11) (d) 2., renum. (12) (a) to (12) (a) 1. and am., cr. (12) (a) 2., (am), am. (12) (b), (c)
Register July 2016 No. 727, eff. 10-1-16;
CR 18-085: am. (1) (a), (d), (f), cr. (1) (g), (h), r. (1m), am. (3), (4) (b) 1., (5) (b) 2. a., (c) 1., (d), (e), (6) (intro.), (e), (f), (7) (a) 1. (intro.), b., 2., 3., (b) to (d), (10) (a) 1., 6., (am) 1., (c) 2., cr. (10) (cm), am. (11) (c), (d) 1., r. and recr. (11) (d) 2., cr. (11) (e), (f), (12) (a) 3., am. (12) (d), (13) (b), (14) (b)
Register May 2020 No. 773, eff. 6-1-20; correction in (1) (g) 4., (6) (e), (10) (a) 6., (11) (c), (d) 2. c., (12) (a) 3. made under s. 35.17, Stats.,
Register May 2020 No. 773.
ATCP 10.47
ATCP 10.47 Farm-raised deer; hunting ranches.
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.
