95.49(3)
(3) This section shall not be construed to authorize the movement of any animals in violation of any other provision of this chapter or of any quarantine or animal health regulation issued by the department as authorized by law.
95.49 Cross-reference
Cross Reference: See also chs.
ATCP 10 and
12, Wis. adm. code.
95.50
95.50
Disposition of carcasses. 95.50(1)
(1) No person shall deposit or throw or allow to be deposited or thrown into any stream, lake or swale, or leave or deposit or cause to be left or deposited upon any public highway or other place the carcass of any animal; nor deposit or leave or permit to be deposited or left upon any premises under that person's control any dead animal exposed in such manner as to be reached by dogs or wild animals for a longer period than 24 hours in the months of April to November, or 48 hours during the months of December to March. The owner of such a carcass or any other person may report to the proper county officials or the contracting private rendering plant pursuant to
s. 59.54 (21) for removal and burial or other disposition of a carcass within the time specified in this subsection.
95.50(2)
(2) No person shall transport, haul or drag or permit to be transported, hauled or dragged along any public highway in this state the carcass of any animal suspected of having died from anthrax, blackleg, foot and mouth disease, sleeping sickness or glanders or any other disease which the department may designate as highly dangerous. All such carcasses shall be burned or be buried at least 6 feet below the surface of the ground and shall be completely covered so as to prevent their being reached by wild animals or dogs. Whenever it is necessary to transport any such carcass across any public highway for burial, it shall be transported in such manner as not to contaminate any part of the public highway. The carcasses of animals dying from other communicable diseases may be transported to and disposed of under such regulations as are prescribed by the department. The definition of "communicable disease" in
s. 990.01 (5g) does not apply to this subsection.
95.50(3)
(3) Any dead animal found upon a public highway or other public place shall, in case the owner of the animal cannot be found, be buried or otherwise disposed of at public expense by the local health department, as defined in
s. 250.01 (4) (a) 1. or
3. or
(b), in whose jurisdiction the animal is found. This subsection applies if a county does not exercise its authority under
s. 59.54 (21).
95.50(4)
(4) In a county which does not exercise its authority under
s. 59.54 (21), the owner of a carcass is obligated to dispose of it as specified in this section.
95.50 Cross-reference
Cross Reference: See also chs.
ATCP 10 and
12, Wis. adm. code.
95.51
95.51
Livestock premises registration. 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.
95.51 Cross-reference
Cross Reference: See also chs.
ATCP 10 and
12, Wis. adm. code.
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(1)(c)
(c) The department shall register a person to keep farm-raised deer in a fenced area that is located in this state and another state without having the entire area in this state enclosed with a fence if all of the following apply:
95.55(1)(c)1.
1. The person is keeping farm-raised deer in the fenced area on June 2, 2006.
95.55(1)(c)2.
2. The fenced area located in this state complies with the applicable fencing requirements under
ss. 90.20 and
90.21, or the fencing requirements of the adjoining state, whichever are more stringent, as determined by the department of natural resources.
95.55(1)(c)3.
3. The person complies with all of the rules promulgated under this section for the prevention of disease in farm-raised deer or all such laws of the adjoining state, whichever are more stringent, as determined by the department of agriculture, trade and consumer protection.
95.55(1)(c)4.
4. The person has the carcass of each farm-raised deer that dies, in either state, inside the fenced area, from being harvested or from natural causes tested for chronic wasting disease and has the test results submitted to the department of agriculture, trade and consumer protection and to the department of natural resources.
95.55(1)(c)5.
5. The person notifies the department of agriculture, trade and consumer protection and the department of natural resources of the escape of any deer from the portion of the fenced area that is located in this state immediately upon discovering the escape.
95.55(1)(c)6.
6. The person does not release into this state any deer from the fenced area.
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). Upon registration, the department shall issue the person a registration certificate.
95.55(3)
(3) Fee. The department shall, by rule, specify the fee for registration under this section.
95.55(3c)(a)(a) No person may transfer a registration certificate issued under this section or an ownership interest in a farm registered under this section except as provided in
par. (b).
95.55(3c)(b)
(b) An individual may transfer his or her registration certificate or his or her ownership interest in a farm registered under this section to a member of his or her immediate family.
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, 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 January 1, 2003, the owner offered for sale the opportunity to hunt as authorized under the license.
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.
