Chapter ATCP 10

ATCP 10.53(2)(e)2. 2. That no farm-raised deer in the herd has shown any clinical signs of chronic wasting disease in the past 12 months.

ATCP 10.53 Note Note: A person may obtain an application form under sub. (2) by calling [phone], by visiting the department website at http://datcp.wi.gov, or by writing to the following address:

ATCP 10.53 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911

ATCP 10.53(2)(f) (f) A physical herd inventory verifying the herd census and completed by the herd veterinarian or an authorized agent of the department listing each farm-raised deer’s 2 individual identifications that meet the requirements under s. ATCP 10.54 (3).

ATCP 10.53(3) (3) Action on application. The department shall grant or deny an application under sub. (2) within 30 days after the department receives a complete application. Except as provided in sub. (9), a herd is enrolled on the day that the department accepts the application. The department shall notify the herd keeper of the enrollment date.

ATCP 10.53(4) (4) Continued enrollment. A person who enrolls a herd in the status program under this section shall do all the following to continue that enrollment:

ATCP 10.53(4)(a) (a) Identify every farm-raised deer in the herd with 2 individual identifications that meet the requirements under s. ATCP 10.54 (3) before the farm-raised deer is one year old.

ATCP 10.53(4)(b) (b) Have a chronic wasting disease test performed, according to s. ATCP 10.52.

ATCP 10.53(4)(c) (c) Notify the herd veterinarian within 24 hours after observing any signs or symptoms of chronic wasting disease in the herd.

ATCP 10.53(4)(d) (d) Complete an annual herd census and file a report of that herd census under sub. (5).

ATCP 10.53(4)(e) (e) Create and maintain complete herd records under sub. (6).

ATCP 10.53(4)(f) (f) Provide the department with an annual written statement from the herd veterinarian. A Wisconsin certified veterinarian shall sign and submit the statement within 30 days before or after the anniversary of the herd’s enrollment under sub. (3). The statement shall certify all the following:

ATCP 10.53(4)(f)1. 1. That the veterinarian is the herd veterinarian, having established a valid veterinarian-client relationship with the herd keeper and a valid veterinarian-patient relationship with the herd.

ATCP 10.53(4)(f)2. 2. That the herd has not had any signs of chronic wasting disease, or any positive test results for chronic wasting disease, in the past 12 months.

ATCP 10.53(4)(g) (g) Report any escapes from the herd, and any returns of escaped farm-raised deer to the herd, as required by s. ATCP 10.46 (12).

ATCP 10.53 Note Note: Under s. ATCP 10.46 (12), if a farm-raised deer escapes from a herd enrolled in the chronic wasting disease herd status program, and is returned to the herd more than 120 hours after the escape, it loses its status under the program and is treated as a new addition to the herd. That will adversely affect the program status of the entire herd.

ATCP 10.53 Note A more stringent rule applies if the farm-raised deer escapes into a wild deer disease control area. If that escaped farm-raised deer is returned to the herd more than 24 hours after the escape, it loses its status under the program and is treated as a new addition to the herd. That will adversely affect the program status of the whole herd.

ATCP 10.53 Note If an escaped farm-raised deer is not returned to the herd, there is no effect on the program status of the herd, except as provided in sub. (7).

ATCP 10.53(4)(h) (h) Submit a physical herd inventory completed by the herd veterinarian or an authorized agent of the department at least once every 3 years. Each farm-raised deer in the herd shall have 2 individual identifications which meet the requirements of s. ATCP 10.54 (3). Each farm-raised deer keeper with a herd enrolled in the herd status program under this section shall submit the first complete physical herd inventory by December 31, 2015.

ATCP 10.53(5) (5) Annual herd census. A person shall complete an annual herd census under sub. (4) (d) within 30 days before or after the anniversary of the herd’s enrollment under sub. (3). The person shall file an annual census report under sub. (4) (d), on a form provided by the department, within 10 days after completing the annual herd census. The report shall include all of the following:

ATCP 10.53(5)(a) (a) A whole herd census that shall include all of the following:

ATCP 10.53(5)(a)3. 3. The species, sex, and month and year of birth of all farm-raised deer in the herd.

ATCP 10.53(5)(a)4. 4. The 2 individual identifications which meet the requirements of s. ATCP 10.54 (3) for each farm-raised deer that is at least one year old.

ATCP 10.53(5)(a)5. 5. The following information for each farm-raised deer added to the herd since the last herd census:

ATCP 10.53(5)(a)5.a. a. Whether the new farm-raised deer was born in the herd or added from another source.

ATCP 10.53(5)(a)5.b. b. If the farm-raised deer was added from another source, the name and address of the person from whom it was obtained.

ATCP 10.53 Note Note: Farm-raised deer less than one year old may be grouped by like species, sex, and month and year of birth, for example: 5 WTD, Female, born in herd, June, 2011.

ATCP 10.53(5)(b) (b) A report that indicates, for each farm-raised deer that has left the herd since the last reported herd census, by escape, death, slaughter, or transfer of ownership, all of the following:

ATCP 10.53(5)(b)2. 2. The 2 individual identifications which meet the requirements of s. ATCP 10.54 (3) for each farm-raised deer that has left the herd.

ATCP 10.53(5)(b)3. 3. Species, sex, and month and year of birth for each farm-raised deer that left the herd.

ATCP 10.53(5)(b)4. 4. Whether the farm-raised deer escaped, died on the premises, was shipped directly to a slaughtering establishment for slaughter, or was shipped to a place other than a slaughtering establishment.

ATCP 10.53(5)(b)5. 5. If the farm-raised deer was shipped live to a place other than a slaughtering establishment, the name and address of the person to whom it was shipped and the place to which it was shipped.

ATCP 10.53(5)(b)6. 6. If the farm-raised deer died on the premises, was slaughtered, or killed, and the farm-raised deer was at least 12 months old, copies of the laboratory report showing the chronic wasting disease test results required under sub. (4) (b) if the test was not performed at the Wisconsin veterinary diagnostic laboratory.

ATCP 10.53(5)(b)7. 7. If the farm-raised deer died on the herd premises, the disposition of its carcass. If the carcass left the premises, the report shall identify the carcass destination and recipient.

ATCP 10.53(5)(b)8. 8. If the farm-raised deer was shipped directly to a slaughtering establishment, the name and address of the slaughtering establishment.

ATCP 10.53(5)(b)9. 9. If the farm-raised deer escaped, the information required under par. (c).

ATCP 10.53(5)(c) (c) A report of escapes that shall include information related to every farm-raised deer that has escaped since the last reported herd census, including:

ATCP 10.53(5)(c)1. 1. The date of the escape, and the date of the escape report required under s. ATCP 10.46 (12).

ATCP 10.53(5)(c)2. 2. If the escaped animal was returned to the herd, the date of the return and the date of the return report required under s. ATCP 10.46 (12).

ATCP 10.53(5)(c)3. 3. If the escaped animal was killed before returning to the herd, the date it was killed, the date the chronic wasting disease sample was submitted for testing, and the results of that test.

ATCP 10.53(5)(c)4. 4. The circumstances that resulted in the escape.

ATCP 10.53(5)(c)5. 5. Steps taken to prevent recurring escapes.

ATCP 10.53(5)(d) (d) Census verification by a certified veterinarian, if required by the department.

ATCP 10.53 Note Note: The department may require census verification by a certified veterinarian if, for example, the federal bureau requires such verification or the census contains significant discrepancies.

ATCP 10.53(5m) (5m) Final herd census.

ATCP 10.53(5m)(a) (a) A registered farm-raised deer keeper who is no longer operating a deer farm or no longer participating in the chronic wasting disease herd status program under this section shall complete a final herd census. The final herd census shall include all the information required under sub. (5).

ATCP 10.53(5m)(b) (b) A final census shall be submitted to the department within 30 days of herd dispersal, or immediately upon termination of participation in the chronic wasting disease herd status program.

ATCP 10.53 Note Note: A farm-raised deer keeper, with a herd containing white-tailed deer, that discontinues enrollment in the chronic wasting disease herd status program will be required to comply with testing requirements under s. ATCP 10.52 (1m) (b).

ATCP 10.53(6) (6) Herd records. The keeper of a herd enrolled in the status program under this section shall keep the following herd records, shall retain the records for at least 5 years, and shall make the records available to the department for inspection and copying upon request:

ATCP 10.53(6)(a) (a) A record of each farm-raised deer added to the herd from another source as specified under s. ATCP 10.46 (10) (a).

ATCP 10.53(6)(am) (am) A record of each known natural addition to the herd, including the month and year of birth and sex, if determined.

ATCP 10.53(6)(b) (b) A record of each farm-raised deer leaving the herd, including all the following:

ATCP 10.53(6)(b)1. 1. Whether the farm-raised deer died on the premises, was shipped directly to a slaughtering establishment, or was shipped live to a place other than a slaughtering establishment.

ATCP 10.53(6)(b)2. 2. If the farm-raised deer was shipped live to a place other than a slaughtering establishment, the information required under s. ATCP 10.46 (10) (am).

ATCP 10.53(6)(b)3. 3. If the farm-raised deer died or was killed or slaughtered on the premises, the information required under s. ATCP 10.46 (10) (c).

ATCP 10.53(6)(b)4. 4. If the farm-raised deer was shipped directly to a slaughtering establishment, the information required under s. ATCP 10.46 (10) (b).

ATCP 10.53(6)(c) (c) A record of all chronic wasting disease tests conducted on farm-raised deer in the herd.

ATCP 10.53(6)(d) (d) Records received from the herd veterinarian related to veterinary services provided to the herd.

ATCP 10.53(7) (7) Herd enrollment; suspension.

ATCP 10.53(7)(a) (a) The department may by written notice, without prior notice or hearing, suspend a herd’s enrollment in the herd status program under this section if any of the following occur:

ATCP 10.53(7)(a)1. 1. The herd keeper falsifies any information in an enrollment application, or falsifies any subsequent information required for continued enrollment.

ATCP 10.53(7)(a)2. 2. The herd keeper fails to comply with requirements under subs. (4) and (5) for continued enrollment.

ATCP 10.53(7)(a)3. 3. The herd keeper violates sub. (10) related to herd additions.

ATCP 10.53(7)(a)4. 4. At least 2 wild deer found or killed within 5 miles of the farm-raised deer herd have tested positive for chronic wasting disease, and the farm-raised deer herd is not enclosed by a double protective barrier under s. ATCP 10.58.

ATCP 10.53(7)(a)5. 5. Fewer than 90% of the farm-raised deer required to be tested under s. ATCP 10.52 (1m) (a) in any census year were tested for chronic wasting disease according to sub. (4) (b).

ATCP 10.53(7)(a)6. 6. A chronic wasting disease test positive farm-raised deer was previously a member of the herd.

ATCP 10.53(7)(a)7. 7. The department reasonably suspects that the herd may include one or more deer infected with chronic wasting disease.

ATCP 10.53(7)(a)8. 8. The herd keeper fails to maintain a current herd registration under s. ATCP 10.46.

ATCP 10.53(7)(b) (b) The state veterinarian or designee may issue a suspension notice under par. (a). The suspension notice shall state the reasons for the suspension.

ATCP 10.53(7)(c) (c) No live farm-raised deer may be moved from a herd while a suspension under this subsection is in effect.

ATCP 10.53 Note Note: A herd keeper may request a hearing on a suspension, pursuant to s. 227.42, Stats., and ch. ATCP 1. A request for hearing does not automatically stay a summary suspension.

ATCP 10.53(8) (8) Herd enrollment; revocation.

ATCP 10.53(8)(a) (a) The department shall by written notice, without prior notice or hearing, revoke a herd’s enrollment in the herd status program under this section if a farm-raised deer in the herd tests positive for chronic wasting disease.

ATCP 10.53(8)(b) (b) The department may by written notice, without prior notice or hearing, revoke a herd’s enrollment in the herd status program under this section if the herd keeper fails, within 90 days after the department suspends the herd’s enrollment under sub. (7), to correct conditions for which the department has suspended the herd’s enrollment.

ATCP 10.53(8)(c) (c) The state veterinarian or designee may issue a revocation notice under par. (a) or (b). The revocation notice shall state the reason for the revocation.

ATCP 10.53(8)(d) (d) No live farm-raised deer may be moved from a herd after a herd enrollment is revoked under this subsection.

ATCP 10.53 Note Note: A herd keeper may request a hearing on a revocation, pursuant to s. 227.42, Stats., and ch. ATCP 1. A request for hearing does not automatically stay a summary revocation.

ATCP 10.53(9) (9) Herd enrollment; reinstatement.

ATCP 10.53(9)(a) (a) Except as provided in par. (b), the department may reinstate a herd’s enrollment in the herd status program, following a valid suspension or revocation, if the department finds that changed circumstances warrant reinstatement. The department may specify a reinstatement date that it deems appropriate. The department may reinstate enrollment retroactively following a valid suspension, as it deems appropriate, but may not reinstate enrollment retroactively following a valid revocation.

ATCP 10.53(9)(b) (b) The department may not reinstate enrollment following a valid revocation under sub. (8) (a).

ATCP 10.53(9)(c) (c) If the department finds that a suspension or revocation was invalid when issued, the department shall reinstate the enrollment retroactive to the applicable status date of the herd at the time the invalid suspension or revocation was issued.

ATCP 10.53(9)(d) (d) The department may reinstate a herd status program enrollment suspended under sub. (7) (a) 5., subject to conditions specified by the department, if any of the following apply:

ATCP 10.53(9)(d)1. 1. The next annual herd census documents that 95% of the farm-raised deer which in that census year left the herd by escape, death or slaughter, including farm-raised deer whose remains were not testable because of deterioration when found, were tested for chronic wasting disease according to sub. (4) (b).

ATCP 10.53(9)(d)2. 2. Within 60 days after the farm-raised deer keeper receives the suspension notice, the keeper kills and tests for chronic wasting disease a number of farm-raised deer that is at least equal to 90% of the number that the keeper failed to test in the census year in which the keeper failed to meet the testing standard under sub. (7) (a) 5. Farm-raised deer killed and tested under this subdivision shall be at least 12 months old, and shall have been in the herd for at least 120 days.

ATCP 10.53 Note Note: For example, if under sub. (7) (a) 5. the department suspends a herd’s enrollment in the chronic wasting disease herd status program because the farm-raised deer keeper tested only 19 of the 30 herd members that died or were slaughtered during a census year (less than 90%), the department may reinstate the enrollment if within 60 days the farm-raised deer keeper kills and tests at least 10 farm-raised deer from the herd. Reinstatement may also be conditioned on the keeper’s agreement to pay a court-ordered civil forfeiture under s. 95.99 (3), Stats., for violation of the testing requirement under s. ATCP 10.52 (1m).

ATCP 10.53(10) (10) Herd additions.

ATCP 10.53(10)(a) (a) No person may add a cervid to a herd enrolled in the status program under this section unless one of the following applies:

ATCP 10.53(10)(a)1. 1. The cervid is a farm-raised deer that originates from another herd in this state that is enrolled under this section and is moved in compliance with s. ATCP 10.56.

ATCP 10.53(10)(a)2. 2. The cervid is a farm-raised deer that is imported in compliance with s. ATCP 10.55, and originates from a herd that is one of the following: