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These rules do not have a significant fiscal effect on the private sector or small businesses. For certain individual deer farmers, these rules would have the impact of reducing the economic impact of new federal regulations.
New regulations in 9 CFR Parts 55 and 81, for herd health certification and interstate movement of captive cervids are in effect and all cervid farmers wishing to remain in the herd status program will be required to meet all of the new rules and regulations by December 10, 2015. Federal requirements include double identification for all deer on the premise and a complete physical census conducted by an approved veterinarian of all captive herds. Wisconsin’s Department of Agriculture, Trade & Consumer Protection has adopted similar rules as necessary for consistency. These new requirements could have an impact on approximately 116 licensed farms which are small operations that may decide to not continue enrollment in the programs because they may not have the infrastructure or funds to build the needed infrastructure or pay veterinarians to complete the censuses (which will be needed every three years). If these facilities do not enroll in the new herd status program, according to department rules currently in place, they would need to double-fence their properties (also a very costly alternative) if they have white-tailed deer.
Agency Contact Person: Scott Loomans, 101 South Webster St., PO BOX 7921, Madison, WI 53707-7921. (608) 267-2452, scott.loomans@wisconsin.gov
Deadline for Written Comments: The deadline for written comments was March 9, 2016
Section 1. NR 16.45 (2) (title) and (a) (intro.) are amended to read:
  NR 16.45 (2)Special fencing Fence requirements; double fences.
(a) Deer farms with perimeter fences less than 80 acres in size. No person may maintain a perimeter fence that encloses less than 80 acres that contains farm-raised white-tailed deer unless one of the following applies:
Section 2. NR 16.45 (2) (a) 1. is repealed and recreated to read:
NR 16.45 (2) (a) 1. The farm-raised white-tailed deer are enclosed by a perimeter fence that meets the requirements established in sub. (1) (a) to (i);
Section 3. NR 16.45 (2) (b) and (c), (5), and (6) (h) are repealed.
Section 4. Effective Date. This rule shall take effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s. 227.22 (2) (intro.), Stats.
Section 5. Board adoption. This rule was approved and adopted by the State of Wisconsin Natural Resources Board on August 3, 2016.
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