Chapter ATCP 10

ATCP 10.42 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-107: r. and recr. (1) (a) Register November 2008 No. 635, eff. 12-1-08; CR 11-048: am. (1) (a) Register July 2012 No. 679, eff. 8-1-12; CR 18-085: am. (1) (a) 1., 2., r. and recr. (1) (b) Register May 2020 No. 773, eff. 6-1-20.

subch. VII of ch. ATCP 10 Subchapter VII — Farm-Raised Deer

ATCP 10.45 ATCP 10.45 Farm-raised deer; disease testing.

ATCP 10.45(1) (1) Availability for testing. A keeper of farm-raised deer shall make the farm-raised deer available to the department for disease testing upon request.

ATCP 10.45(2) (2) Restrained for testing. A keeper of farm-raised deer shall restrain the farm-raised deer for disease testing, to ensure the safety of the farm-raised deer and the person performing the test. The keeper shall restrain the farm-raised deer by one of the following methods:

ATCP 10.45(2)(a) (a) By providing animal handling facilities that comply with sub. (3).

ATCP 10.45(2)(b) (b) By tranquilizing the farm-raised deer, to the satisfaction of the department, so they can be safely tested.

ATCP 10.45 Note Note: The department will not tranquilize farm-raised deer for testing, and assumes no liability related to the tranquilization of farm-raised deer.

ATCP 10.45(3) (3) Handling facilities.

ATCP 10.45(3)(a) (a) Animal handling facilities under sub. (2) (a) shall include all of the following:

ATCP 10.45(3)(a)1. 1. A holding pen in which farm-raised deer can be safely directed into an alleyway and then to a chute or individual restraining pen for testing.

ATCP 10.45(3)(a)2. 2. An alleyway through which farm-raised deer can be safely guided into a chute or restraining pen for testing.

ATCP 10.45(3)(a)3. 3. A chute or restraining pen which can safely hold farm-raised deer for testing.

ATCP 10.45(3)(a)4. 4. Adequate fencing. Fences used to confine farm-raised deer in animal handling facilities shall be at least 7 feet 10 inches high, except that fences used to confine farm-raised deer of the genus rangifer shall be at least 5 feet high.

ATCP 10.45(3)(b) (b) If the department determines that animal handling facilities do not comply with par. (a), the department may order the keeper to provide acceptable facilities or an acceptable alternative method of restraining farm-raised deer under sub. (2). The keeper shall comply with the department’s order within 30 days, unless for good cause the department specifies a different time period.

ATCP 10.45 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 18-085: r. (2) (c) Register May 2020 No. 773, eff. 6-1-20.

ATCP 10.46 ATCP 10.46 Farm-raised deer herds; registration.

ATCP 10.46(1) (1) Registration certificate required.

ATCP 10.46(1)(a) (a) Except as provided in par. (e), (g) or (h), no person may keep farm-raised deer at any location in this state unless the department has issued a current annual farm-raised deer herd registration certificate authorizing that person to keep farm-raised deer at that location or a location at which a person holds a valid farm-raised deer herd registration certificate under this subsection. A herd registration certificate is not transferable between persons or locations, except as authorized under s. 95.55 (3c) (b), Stats.

ATCP 10.46(1)(b) (b) A herd registration certificate under par. (a) may authorize the registrant to keep a herd of farm-raised deer at 2 or more locations identified in the registration certificate, subject to sub. (4).

ATCP 10.46(1)(c) (c) Farm-raised deer from 2 or more herds covered by separate herd registration certificates may be kept at the same location, subject to sub. (5).

ATCP 10.46(1)(d) (d) A herd registration certificate under par. (a) shall bear one or more current livestock premises codes that, together, cover all of the herd locations identified in the registration certificate.

ATCP 10.46(1)(e) (e) Paragraph (a) does not apply to the operator of an establishment, licensed under s. 97.42, Stats., at which that operator keeps live farm-raised deer for not more than 72 hours before slaughtering them.

ATCP 10.46(1)(f) (f) Except as provided under sub. (11) (d), before registering any herd to be kept at the same location as bovine animals, the department shall inspect the location to determine whether the herds are medically separated. For each inspection under this paragraph, the registrant shall pay the fee required under s. ATCP 10.025.

ATCP 10.46(1)(g) (g) Paragraph (a) does not apply to an animal dealer licensed under s. ATCP 12.03, who has purchased farm-raised deer from a farm-raised deer keeper whose herd is registered under this section, and who moves those deer directly to slaughter, if all of the following requirements are met:

ATCP 10.46(1)(g)1. 1. The animal dealer adheres to farm-raised deer slaughter identification requirements under s. ATCP 12.05 (5) (a) and (b).

ATCP 10.46(1)(g)2. 2. The animal dealer adheres to farm-raised deer slaughter movement requirements under s. ATCP 10.56 (1).

ATCP 10.46(1)(g)3. 3. The animal dealer tests the farm-raised deer for chronic wasting disease as required under s. ATCP 10.52, according to the testing requirements of the herd from which the deer were purchased.

ATCP 10.46(1)(g)4. 4. The animal dealer keeps records of chronic wasting disease test results and movement requirements under sub. (10) (b) for those deer, for 5 years.

ATCP 10.46(1)(g)5. 5. The animal dealer provides a copy of movement documents and chronic wasting disease test results, if applicable, to the owner of the herd from which the farm-raised deer were purchased.

ATCP 10.46(1)(g)6. 6. The animal dealer removes the farm-raised deer from the premises from which the farm-raised deer were purchased prior to the expiration date of the herd’s registration under this section.

ATCP 10.46(1)(h) (h) Paragraph (a) does not apply to temporary farm-raised deer exhibits, if all of the following requirements are met:

ATCP 10.46(1)(h)1. 1. The deer owner adheres to farm-raised deer identification requirements under s. ATCP 10.54 (3).

ATCP 10.46(1)(h)2. 2. If the farm-raised deer are imported to an exhibit in Wisconsin, the deer owner meets the requirements under s. ATCP 10.55.

ATCP 10.46(1)(h)3. 3. If the farm-raised deer are moved from a premises in Wisconsin to an exhibit in Wisconsin, the deer owner adheres to farm-raised deer movement requirements under s. ATCP 10.56.

ATCP 10.46(1)(h)4. 4. The farm-raised deer are not moved from the exhibit and are not commingled with any other animals at the exhibit.

ATCP 10.46(1)(h)5. 5. The farm-raised deer leave Wisconsin or return to their place of origin before the certificate of veterinary inspection issued for the animals under subd. 2. or 3. expires.

ATCP 10.46(1)(h)6. 6. The exhibit lasts no longer than 30 days from the date of arrival at the exhibit.

ATCP 10.46(2) (2) Authority conferred by registration certificate.

ATCP 10.46(2)(a) (a) Except as provided in pars. (b) and (c), a person holding a registration certificate under sub. (1) may possess, propagate, kill, attempt to kill, pursue for the purpose of killing, capture, or exhibit farm-raised deer kept at the registered premises, subject to this chapter.

ATCP 10.46(2)(b) (b) A person holding a registration certificate under sub. (1) may not sell, or offer to others, the opportunity to hunt farm-raised deer on the registered premises unless that person complies with s. ATCP 10.47.

ATCP 10.46(2)(c) (c) A registration certificate under sub. (1) does not entitle the certificate holder to operate as an animal dealer unless that person is also licensed under s. ATCP 12.03.

ATCP 10.46 Note Note: Except as provided under sub. (1) (g), an animal dealer license under s. ATCP 12.03 does not entitle the license holder to keep farm-raised deer unless that person also holds a registration certificate under sub. (1).

ATCP 10.46(2)(e) (e) A person holding a registration certificate under sub. (1) shall notify the department when no longer operating as a farm-raised deer keeper. The person shall do one of the following:

ATCP 10.46(2)(e)1. 1. If the herd is enrolled in the chronic wasting disease herd status program under s. ATCP 10.53, the person shall submit a final census as required under s. ATCP 10.53.

ATCP 10.46(2)(e)2. 2. If the herd is not enrolled in the chronic wasting disease herd status program under s. ATCP 10.53, the person shall include the disposition of each of the deer in the notification to the department.

ATCP 10.46(3) (3) Registration certificate expires. A registration certificate under sub. (1) expires on March 15 of each year. The holder of a registration certificate may apply for a subsequent certificate by submitting an annual application under sub. (6).

ATCP 10.46(4) (4) Single registered herd kept at 2 or more locations. All of the following conditions apply whenever a herd of farm-raised deer is kept at 2 or more locations identified in the herd registration certificate under sub. (1):

ATCP 10.46(4)(a) (a) The entire herd, including all herd locations, shall be either actively enrolled in the chronic wasting disease herd status program under s. ATCP 10.53 or not enrolled in the chronic wasting disease herd status program.

ATCP 10.46(4)(b) (b) The registrant may move farm-raised deer between locations identified in the herd registration certificate without a certificate of veterinary inspection under s. ATCP 10.56 (1) if all of the following apply:

ATCP 10.46(4)(b)1. 1. Those farm-raised deer are identified with 2 individual identifications that meet the requirements under s. ATCP 10.54 (3).

ATCP 10.46(4)(b)2. 2. The registrant keeps a record of the movement. The record shall include the 2 individual identifications of each farm-raised deer that is moved; the species, age, and sex of the farm-raised deer; the date of movement; the name and address of the person who had custody of the farm-raised deer during movement, if other than the owner; and the herd locations from and to which the farm-raised deer was moved.

ATCP 10.46(4)(c) (c) All farm-raised deer covered by the registration certificate shall be treated as members of a single herd, for purposes of disease control and movement.

ATCP 10.46 Note Note: For example, under par. (c), if a certificate of veterinary inspection is required under s. ATCP 10.56 to ship farm-raised deer from any of the herd locations covered by a herd registration certificate, the herd health certifications required under s. ATCP 10.56 must encompass all of the herd locations covered by the herd registration certificate. Likewise, if disease is found at any of the locations covered by a herd registration certificate, the department may quarantine and condemn all of the farm-raised deer at all of the locations covered by the registration certificate.

ATCP 10.46(5) (5) Separately registered herds kept at same location. All of the following conditions apply whenever any farm-raised deer from 2 or more herds covered by separate registration certificates under sub. (1) are kept at the same location:

ATCP 10.46(5)(a) (a) If the herds are medically separated under par. (c), each herd is considered a separate herd for purposes of disease control, movement, and enrollment in the chronic wasting disease status program under s. ATCP 10.53. Farm-raised deer moved between any of the medically separated herds shall be accompanied by a certificate of veterinary inspection under s. ATCP 10.56 (1), and registrants shall keep a record under sub. (10) (a) and (am) related to each movement.

ATCP 10.46(5)(b) (b) If the herds are not medically separated under par. (c):

ATCP 10.46(5)(b)1. 1. All of the farm-raised deer kept at all of the herd locations identified in all of the herd registration certificates shall be collectively treated as a single herd for purposes of disease control and movement, regardless of whether the deer are under common ownership or control, or are part of the same registered herd. This subdivision does not authorize a violation of sub. (1).

ATCP 10.46 Note Note: For example, under par. (b) 1., if a certificate of veterinary inspection is required under s. ATCP 10.56 to ship farm-raised deer from any of the herd locations identified in any of the herd registration certificates, the herd health certifications required under s. ATCP 10.56 must encompass all of the farm-raised deer kept at all of the herd locations, regardless of whether those farm-raised deer are owned by the same person or are part of the same registered herd. Likewise, if disease is found at any of the locations covered by any of the herd registration certificates, the department may quarantine and condemn all of the farm-raised deer at all of the locations identified in all of the registration certificates.

ATCP 10.46(5)(b)2. 2. Farm-raised deer may be moved between any of the herd locations identified in any of the herd registration certificates without a certificate of veterinary inspection under s. ATCP 10.56 (1), if both of the following requirements are met:

ATCP 10.46(5)(b)2.a. a. Any farm-raised deer moved under this subdivision is identified with 2 individual identifications that meet the requirements under s. ATCP 10.54 (3).

ATCP 10.46(5)(b)2.b. b. The registrant shall keep a record of the movement of farm-raised deer under this subdivision. The record shall include the 2 individual identifications of each farm-raised deer that is moved; the species, age, and sex of the farm-raised deer; the date of movement; the name and address of the person who had custody of the farm-raised deer during movement, if other than the owner; and the registration numbers of the herd from which, and to which, the farm-raised deer was moved.

ATCP 10.46(5)(b)3. 3. All of the herds, including all herd locations, shall be either actively enrolled in the chronic wasting disease status program under s. ATCP 10.53 or not enrolled in the chronic wasting disease status program.

ATCP 10.46(5)(c) (c) Herds are medically separated, for purposes of par. (a), if all of the following apply:

ATCP 10.46(5)(c)1. 1. Fencing and facilities are adequate to maintain at least 30 feet of separation at all times.

ATCP 10.46(5)(c)2. 2. Bio-security procedures, including procedures to prevent the commingling of farm-raised deer between the herds, effectively prevent disease transmission between the herds.

ATCP 10.46(5)(c)3. 3. The department finds that the medical separation complies with subds. 1. and 2., based on an inspection under par. (d).

ATCP 10.46(5)(d) (d) Before registering any herd to be kept at the same location as another, medically separated registered herd, the department shall inspect the location to determine whether the herds are in fact medically separated. For each inspection under this subdivision, the registrant shall pay the fee required under s. ATCP 10.025.

ATCP 10.46(5)(e) (e) If any of the herds are enrolled in the chronic wasting disease herd status program, all the farm-raised deer in those enrolled herds are identified with 2 individual identifications that meet the requirements under s. ATCP 10.54 (3).

ATCP 10.46(6) (6) Applying for registration certificate. To obtain an annual registration certificate under sub. (1), a person shall file an application on a form provided by the department. The application shall include the fees required under sub. (7). The registration application form shall include all of the following information:

ATCP 10.46(6)(a) (a) The name, address, and telephone number of the herd owner.

ATCP 10.46(6)(b) (b) The name, address, and telephone number of the herd custodian, if other than the herd owner.

ATCP 10.46(6)(c) (c) The location or locations at which the farm-raised deer will be kept, including all of the following for each separate location:

ATCP 10.46(6)(c)1. 1. The county in which the deer farm is located.

ATCP 10.46(6)(c)2. 2. The city, village, or town in which the deer farm is located.

ATCP 10.46(6)(c)3. 3. The street name or road on which the deer farm access is located.

ATCP 10.46(6)(c)4. 4. The physical address number of the deer farm location. If the physical address is not available, the fire number of the deer farm location, or driving directions to the deer farm access point.

ATCP 10.46(6)(cm) (cm) Whether farm-raised deer from any other registered herd will be kept at any of the same locations and, if so, whether the herds will be medically separated at those locations.

ATCP 10.46(6)(d) (d) The number of farm-raised deer in the herd.

ATCP 10.46(6)(e) (e) A breakdown by species of farm-raised deer in the herd.

ATCP 10.46(6)(em) (em) A copy of a valid fence certificate issued by the department of natural resources under s. 90.21, Stats., for each location at which white-tailed deer will be kept pursuant to the registration certificate.

ATCP 10.46(6)(f) (f) The livestock premises code assigned under s. ATCP 17.02 (7) for the location at which the farm-raised deer will be kept.

ATCP 10.46 Note Note: A person may obtain a registration form 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(7) (7) Fees.

ATCP 10.46(7)(a) (a) A person applying for a registration certificate under sub. (1) shall pay the following registration fees:

ATCP 10.46(7)(a)1. 1. Except as specified under par. (ab), a nonrefundable annual fee of $85.00 if the herd includes no more than 15 farm-raised deer and the following criteria are met:

ATCP 10.46 Note Note: Paragraph (ab) does not exist. The error will be corrected in future rulemaking.

ATCP 10.46(7)(a)1.a. a. No live deer move from the premises except directly to slaughter.