Chapter ATCP 10

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.

ATCP 10.46(7)(a)1.b. b. Farm-raised deer are killed on the premises for consumption by the farm-raised deer keeper or are slaughtered on the premises 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 10.46(7)(a)1.c. c. The herd is not enrolled in the chronic wasting disease herd status program under s. ATCP 10.53.

ATCP 10.46(7)(a)2. 2. Except as specified under par. (ac), a nonrefundable annual fee of $162.50 if the herd includes no more than 15 farm-raised deer, and the herd does not meet all of the criteria under subd. 1.

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

ATCP 10.46(7)(a)3. 3. Except as specified under par. (ad), a nonrefundable annual fee of $325 if the herd includes more than 15 farm-raised deer.

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

ATCP 10.46(7)(a)4. 4. Any supplemental fees required under pars. (b) to (d).

ATCP 10.46(7)(am) (am) An individual who is eligible for the veteran’s fee waiver program under s. 45.44, Stats., is exempt from the registration fee under par. (a).

ATCP 10.46(7)(b) (b) A person who applies to register a medically separated herd at the same location where another herd is registered shall pay a nonrefundable fee specified under s. ATCP 10.025.

ATCP 10.46(7)(c) (c) An applicant shall pay a registration fee surcharge of $250 if the department determines that, within 365 days prior to submitting the complete registration application under sub. (6), the applicant kept farm-raised deer at any location without a required registration certificate that identifies that location. In addition to the surcharge, the applicant shall pay the fee due for the year in which the applicant failed to obtain the required registration certificate.

ATCP 10.46(7)(d) (d) A person who applies for a herd registration certificate after that certificate has expired shall pay, in addition to all other fees required under this subsection, a late fee equal to 20% of the registration fees.

ATCP 10.46 Note Note: See s. 93.21 (5) (b), Stats.

ATCP 10.46(8) (8) Action on registration application. The department shall grant or deny an application under sub. (6) within 30 days after the department receives a complete application, except that the department shall grant or deny the application within 60 days if the department is required to perform an inspection under sub. (5) (d).

ATCP 10.46(9) (9) Denying, suspending, or revoking a registration certificate. The department may deny, suspend, or revoke a registration certificate under sub. (1) for cause, including any of the following:

ATCP 10.46(9)(a) (a) Filing an incomplete or fraudulent application, or misrepresenting any information on an application.

ATCP 10.46(9)(b) (b) Violating ch. 95, Stats., this chapter, or department of natural resources fencing rules under s. NR 16.45.

ATCP 10.46(9)(c) (c) Violating the terms of the registration certificate.

ATCP 10.46(10) (10) Records.

ATCP 10.46(10)(a) (a) A person who keeps farm-raised deer shall keep all of the following records related to each farm-raised deer that enters the herd from another herd:

ATCP 10.46(10)(a)1. 1. The 2 individual identifications that meet the requirements of s. ATCP 10.54 (3) of the farm-raised deer.

ATCP 10.46(10)(a)2. 2. The species, age, and sex of the farm-raised deer.

ATCP 10.46(10)(a)3. 3. The date on which the farm-raised deer entered the herd.

ATCP 10.46(10)(a)4. 4. The name and address of the person from whom the farm-raised deer was obtained. The record shall also identify the person who had custody of the farm-raised deer during shipment.

ATCP 10.46(10)(a)5. 5. The address of the herd from which the farm-raised deer originated.

ATCP 10.46(10)(a)6. 6. A copy of any certificate of veterinary inspection that accompanied the farm-raised deer under s. ATCP 10.55 or 10.56.

ATCP 10.46(10)(ae) (ae) A person who keeps farm-raised deer shall keep a record of each known natural addition to the herd, including the month and year of birth, and sex of the farm-raised deer, if determined.

ATCP 10.46(10)(am) (am) A person who keeps farm-raised deer shall keep all of the following records related to each live farm-raised deer that leaves the herd by movement authorized under s. ATCP 10.56:

ATCP 10.46(10)(am)1. 1. The 2 individual identifications which meet the requirements of s. ATCP 10.54 (3) of the farm-raised deer.

ATCP 10.46(10)(am)2. 2. The species, age, and sex of the farm-raised deer.

ATCP 10.46(10)(am)3. 3. The date on which the farm-raised deer left the herd.