Chapter ATCP 10

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) (12) Escaped farm-raised deer.

ATCP 10.46(12)(a) (a)

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) (13) Carcass identification.

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 [phone], 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) (14) Reinspections.

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)(a) (a) The deer owner.

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) A 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) A person holds a valid hunting ranch 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) (3) Hunting ranch certificate.

ATCP 10.47(3)(a) (a) The department may issue a hunting ranch certificate for premises registered under s. ATCP 10.46 (1). A hunting ranch 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 ranch 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 ranch certificate issued under this subsection only authorizes hunting for farm-raised deer. Hunting of other animals in a farm-raised deer hunting ranch is illegal. See s. 951.09, Stats.

ATCP 10.47(3)(b) (b) A person shall apply for a hunting ranch certificate under par. (a) on a form provided by the department. The application shall include all of the following:

ATCP 10.47(3)(b)1. 1. The applicant’s name, address, and registration number under s. ATCP 10.46 (1).

ATCP 10.47(3)(b)2. 2. The address of the premises, registered under s. ATCP 10.46 (1), for which the applicant seeks a hunting ranch certificate.

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)4. 4. A nonrefundable fee of $500.

ATCP 10.47(3)(b)5. 5. An estimate of the farm-raised deer population on the hunting ranch premises, by species.

ATCP 10.47 Note Note: A person may obtain an application form under par. (b) by calling [phone], by visiting the department website at http://datcp.wi.gov, 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 an initial hunting ranch 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 ranch certificate. The department may deny, suspend, or revoke a hunting ranch 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(3m)(b) (b) Violating ch. 95, Stats., this chapter, or department of natural resources fencing rules under s. 90.20 or 90.21, Stats., or s. NR 16.45.

ATCP 10.47(3m)(c) (c) Violating the terms of the hunting ranch certificate.

ATCP 10.47(4) (4) Chronic wasting disease testing. A person required to hold a hunting ranch 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, required under s. ATCP 10.52 (1m) (b), which was conducted on a farm-raised deer killed by that hunter on the person’s hunting ranch if any of the following occurs:

ATCP 10.47(4)(a) (a) The hunter requests test results.

ATCP 10.47(4)(b) (b) The test results are positive.

ATCP 10.47(4m) (4m) Official individual identification. All non-natural additions to a hunting ranch premises shall have 2 individual identifications that meet the requirements of s. ATCP 10.54 (3).

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 ranch certificate shall identify the carcass of every farm-raised deer killed on the hunting ranch, 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 ranch certificate shall do all of the following:

ATCP 10.47(7)(a) (a) Keep the records required under s. ATCP 10.46 (10).

ATCP 10.47(7)(b) (b) Keep all of the following records related to each farm-raised deer that is killed on the hunting ranch:

ATCP 10.47(7)(b)1. 1. The name and address of the person who killed the farm-raised deer.

ATCP 10.47(7)(b)2. 2. The date when the farm-raised deer was killed.

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 individual identifications 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 ranch certificate under sub. (2) may do any of the following:

ATCP 10.47(8)(a) (a) Violate or allow others to violate s. 29.314 (3) or ch. 951, Stats.

ATCP 10.47(8)(b) (b) Violate or assist any violation of this chapter or ch. ATCP 12.

ATCP 10.47(8)(c) (c) Feed or bait in a manner that may attract wild deer to the fence of the hunting ranch.

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; CR 13-058: renum. (4) to (4) (intro.), cr. (4) (a), (b), am. (4m), (7) (b) 6. Register March 2014 No. 699, eff. 6-1-14; correction in (4) (intro.) made under s. 35.17, Stats., Register March 2014 No. 699; CR 15-092: am. (title), (2) (b), (3) (title), (a), (b) (intro.), 2., 5., 6., r. (3) (b) 6., am. (3) (c), (3m) (title), (intro.), (c), (4) (intro.), (4m), (6), (7) (intro.), (b) (intro.), 2., r. (7) (b) 3., am. (8) (intro.) Register July 2016 No. 727, eff. 10-1-16; CR 18-085: am. (2) (a), (b), (3) (b) 5., (4) (intro.), (4m), am. (8) (a), cr. (8) (c) Register May 2020 No. 773, eff. 6-1-20.

ATCP 10.48 ATCP 10.48 Tuberculosis in farm-raised deer. Tuberculosis testing and control requirements are specified under s. ATCP 10.055.

ATCP 10.48 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-107: am. (6) (c) Register November 2008 No. 635, eff. 12-1-08; CR 11-048: am. (1) (a), r. (1) (b) Register July 2012 No. 679, eff. 8-1-12; CR 15-092: am. (1) (title), (a) (intro.), 2., renum. (1) (c) and (d) to (1) (b) and (2) and am., am. (4), (5), consol. (6) (b) (intro.) and 1. and renum. to (6) (b) and am., r. (6) (b) 2., am. (6) (c), (d) Register July 2016 No. 727, eff. 10-1-16; CR 18-085: r. and recr. Register May 2020 No. 773, eff. 6-1-20.

ATCP 10.49 ATCP 10.49 Farm-raised deer; tuberculosis herd certification.

ATCP 10.49(1) (1) Herd certification.

ATCP 10.49(1)(a) (a) The department may certify a herd of farm-raised deer as one of the following if the herd qualifies for that certification under 9 CFR 77:

ATCP 10.49(1)(a)1. 1. An accredited tuberculosis-free herd.

ATCP 10.49(1)(a)2. 2. A tuberculosis monitored herd.

ATCP 10.49(1)(a)3. 3. A tuberculosis qualified herd.

ATCP 10.49(1)(b) (b) To acquire and maintain certification, a keeper of farm-raised deer shall comply with applicable requirements in the tuberculosis uniform methods and rules.

ATCP 10.49 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/wps/portal/aphis/ourfocus/animalhealth. Copies may also be obtained by writing to the following address:

ATCP 10.49 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P. O. Box 8911
Madison, WI 53708-8911

ATCP 10.49(1)(c) (c) A tuberculosis herd certification may cover multiple herds of farm-raised deer of one deer keeper or farm-raised deer of multiple deer keepers if all of the farm-raised deer included in the certification are commingled and managed as one herd for disease control purposes. This paragraph does not apply to herds considered by the department to be medically separated herds.

ATCP 10.49(1m) (1m) Certification fee. Every application for certification under sub. (1) or (4) shall include a nonrefundable application fee of $150 for a 3-year certification. This fee may be prorated for certifications of less than 3 years.

ATCP 10.49(3) (3) Suspending or revoking certification.

ATCP 10.49(3)(a) (a) The department may, by written notice, summarily suspend or revoke a herd certification under sub. (1) if any of the following occur:

ATCP 10.49(3)(a)1. 1. Any farm-raised deer in the herd tests positive for tuberculosis.

ATCP 10.49(3)(a)2. 2. The herd owner fails to comply with sub. (1).

ATCP 10.49(3)(a)3. 3. Any farm-raised deer in the herd is commingled with animals of lesser or no tuberculosis status.

ATCP 10.49(3)(b) (b) The state veterinarian may issue a summary suspension or revocation notice under par. (a). The notice shall state the reason for the suspension or revocation.

ATCP 10.49 Note Note: A keeper of farm-raised deer may request a hearing on a suspension or revocation under sub. (3), pursuant to s. 227.42, Stats., and ch. ATCP 1. A request for a hearing does not automatically stay a summary suspension or revocation.

ATCP 10.49(4) (4) Certification transferred, or issued based on source herd certification. The department may not transfer a herd certification under sub. (1) to another herd or herd registrant, or certify a herd based solely on prior certification of another herd from which the herd received its farm-raised deer, unless all of the following apply: