95.51(1)
(1)
Definition. In this section, "livestock" means bovine animals, equine animals, goats, poultry, sheep, swine, farm-raised deer, and any other kind of animal that the department identifies by rule for the purposes of this section.
95.51(2)(a)(a) Except as provided under
sub. (3m), no person may do any of the following at a location in this state unless that person registers that location with the department:
95.51(2)(a)1.
1. Keep any bovine animals, equine animals, goats, sheep, swine, poultry, or farm-raised deer.
95.51(2)(a)2.
2. Keep any other kind of livestock that the department identifies by rule.
95.51(2)(b)
(b) A person shall register under
par. (a) on a form provided by the department and shall provide all of the following information:
95.51(2)(b)1.
1. The registrant's legal name and any trade names under which the registrant keeps livestock in this state.
95.51(2)(b)3.
3. The address of each location at which the registrant keeps livestock in this state.
95.51(2)(b)4.
4. The type of livestock kept at each location under
subd. 3. and the type of livestock operation, using standards and guidelines from the national animal identification plan developed by the animal and plant health inspection service of the federal department of agriculture, to the extent practicable.
95.51(3)
(3) Coordination. A person to whom
sub. (2) applies may comply with
sub. (2) as part of the registration process under
s. 95.55 or
95.68 or the licensing process under
s. 97.22.
95.51(3m)
(3m) Exemptions. The department may promulgate rules specifying exemptions from
sub. (2), including exemptions based on the number or type of livestock kept by a person or on the type of locations where a person keeps livestock.
95.51(4)(a)(a) The department shall assign a unique identification code to each location registered under
sub. (2) (a). The department shall use a uniform system to assign codes that is reasonably designed to facilitate animal health and disease control, interstate consistency, and interstate commerce. The department shall use a system that complies with any applicable standards established by the animal and plant health inspection service of the federal department of agriculture. The department shall use premises codes that are federally allocated for premises in this state.
95.51(4)(b)
(b) The department shall establish and maintain an electronic data base related to livestock premises in this state. The department shall include in the data base the premises code assigned to each location under
par. (a) and the registration information under this section that is associated with that premises code. The department may include in the data base global positioning system coordinates and other information that the department considers appropriate.
95.51(5)(a)(a) Information that a person is required to provide to the department under
sub. (2) is not subject to public inspection under
s. 19.35. Except as provided in
pars. (b) and
(c), the department may not disclose information provided under
sub. (2) to any other person or agency.
95.51(5)(b)
(b) Paragraph (a) does not apply to information that a person is required to provide to the department under other laws.
95.51(5)(c)
(c) The department may disclose information that a registrant provides under
sub. (2) to any of the following:
95.51(5)(c)1.
1. A person to whom the registrant authorizes disclosure.
95.51(5)(c)2.
2. The animal and plant health inspection service of the federal department of agriculture, if the animal and plant health inspection service agrees not to disclose the information except in situations in which the department is authorized to disclose the information under
subd. 1. or
4.
95.51(5)(c)4.
4. Another person or agency if the department believes that the release is necessary to prevent or control disease or to protect public health, safety, or welfare. The department may disclose information under this subdivision subject to any confidentiality requirements that the department determines are appropriate under the circumstances.
95.51(5)(d)
(d) Any agent of the department under
sub. (8) may not disclose information provided under
sub. (2) except to a person to whom the registrant or the department authorizes disclosure.
95.51(6)
(6) Funding. The department shall seek federal funding for the administration of this section.
95.51(7)
(7) Rules. The department may promulgate rules for the administration of this section. The department shall promulgate rules to govern the release of aggregate information under this section by the department.
95.51(8)
(8) Contract agent. The department may contract with an agent to administer the registration program under this section on behalf of the department. The department may not authorize an agent to release aggregate information under this section.
95.51 History
History: 2003 a. 229.
95.55
95.55
Farm-raised deer. 95.55(1)(a)(a) Except as provided in
par. (b) and
s. 169.04 (5m), no person may keep farm-raised deer unless the person is registered with the department under this section.
95.55(1)(b)1.1. 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.
95.55(1)(b)2.
2. The department may promulgate rules to exempt groups of persons or species of farm-raised deer from the registration requirement under this section.
95.55(2)
(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).
95.55(3)
(3) Fee. The department shall, by rule, specify the fee for registration under this section.
95.55(3m)
(3m) Authorization. A person who is registered under this section may do any of the following:
95.55(3m)(a)
(a) Possess, propagate, purchase, sell, hunt, kill, and exhibit farm-raised deer.
95.55(3m)(b)
(b) Hunt or sell or offer to sell the opportunity to hunt farm-raised deer that the person owns.
95.55(4)
(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.
95.55(5)(a)(a) A person hunting farm-raised deer is exempt from having any hunting approval issued under
ch. 29 and is exempt from any closed season restrictions or bag limits established by the department of natural resources. In order to regulate the hunting of farm-raised deer, the department of agriculture, trade and consumer protection may promulgate rules to establish tagging requirements or other methods for identifying dead farm-raised deer that have been legally hunted or killed and to impose other conditions or requirements regulating the hunting of farm-raised deer.
Section 29.314 applies to the hunting of farm-raised deer.
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.
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)(a)(a) No person, except the department of natural resources, may rear lake sturgeon in a fish farm.
95.60(6)(c)
(c) The department, in consultation with the department of natural resources, shall study regulatory options that would enable commercial rearing of lake sturgeon while protecting the wild lake sturgeon population. The department shall submit the results of the study to the legislature under
s. 13.172 (2) no later than December 31, 2000.
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.
