Chapter ATCP 10

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:

ATCP 10.53(10)(a)2.a. a. Enrolled in a state-recognized chronic wasting disease program that is at least equal to the program under this section.

ATCP 10.53(10)(a)2.b. b. Enrolled in a federal program that complies with 9 CFR 55.22 (b).

ATCP 10.53(10)(b) (b) If a person adds a farm-raised deer in a manner not in compliance with par. (a), the status date of the receiving herd will be lowered to the status date of the incoming farm-raised deer’s herd of origin.

ATCP 10.53 Note Note: If a farm-raised deer originates from the wild or from a herd that is not enrolled in a program meeting the requirements of par. (a), the destination herd will lose all status. The certificate of veterinary inspection indicates chronic wasting disease program status.

ATCP 10.53(10)(c) (c) The herd status of the herd of destination is not affected under this section if the herd of origin of the added cervid has 5 or more years of status in a program meeting par. (a).

ATCP 10.53(11) (11) New herd; enrollment date. If a person assembles a new herd consisting solely of farm-raised deer from source herds that are already enrolled in a program under sub. (10) (a), the new herd is enrolled in the program under this section on the latest enrollment date assigned to any of those source herds if all the following apply:

ATCP 10.53(11)(a) (a) The herd keeper submits an enrollment application under sub. (2) within 90 days after the keeper acquires the first farm-raised deer to create the new herd, and the department accepts that enrollment application.

ATCP 10.53(11)(b) (b) The herd keeper complies with this section.

ATCP 10.53(11)(c) (c) The herd keeper includes the following information in the initial herd census report under sub. (2) (d), in addition to the information required under sub. (2) (d):

ATCP 10.53(11)(c)1. 1. Two individual identifications which meet the requirements of s. ATCP 10.54 (3), for every farm-raised deer in the new herd, including those less than one year old.

ATCP 10.53(11)(c)2. 2. The source herd from which each farm-raised deer in the new herd originated, including the address of the source herd, the name and address of the source herd keeper, and the livestock premises code, if any, for the source herd premises.

ATCP 10.53(11)(c)3. 3. The date on which each farm-raised deer was added to the new herd.

ATCP 10.53(11)(d) (d) The herd keeper conducts a chronic wasting disease test, according to s. ATCP 10.52, on any farm-raised deer in the new herd that dies or is killed or slaughtered before the herd is enrolled under this section. This paragraph does not apply to a farm-raised deer that is less than 12 months old.

ATCP 10.53(11)(e) (e) The herd is not kept at a location where a prior herd was depopulated because of exposure to or infection with chronic wasting disease.

ATCP 10.53(11)(f) (f) The farm-raised deer in the new herd were moved in compliance with ss. ATCP 10.55 and 10.56.

ATCP 10.53 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-107: cr. (4) (g), (5) (f) 5., (g) to (i) and (9) (d), am. (5) (f) (intro.), 1., (7) (a) 5. and (8) (b), r. and recr. (7) (a) 4. Register November 2008 No. 635, eff. 12-1-08; CR 11-048: am. (1), cr. (1m), am. (2) (d) 4., cr. (2) (d) 5., r. and recr. (5), cr. (5m), am. (7) (a) 2., (9) (c), (10) (a) 1., r. and recr. (10) (b), (c) Register July 2012 No. 679, eff. 8-1-12; correction in (1m) (title) under s. 13.92 (4) (b) 2. Register July 2012 No. 679; CR 13-058: am. (2) (d) 4., cr. (2) (f), am. (4) (a), (b) (intro.), cr. (4) (h), am. (5) (a) (intro.), 4., (b) 2., 6., (6) (a) 1., 3., (9) (d) 2., (11) (c) 1., (d) Register March 2014 No. 699, eff. 6-1-14; correction in (9) (d) 2. made under s. 35.17, Stats., Register March 2014 No. 699; CR 15-092: am. (2) (c), r. (2) (d) 2., 3., am. (4) (b) 2., r. (5) (a) 1., 2., (b) 1., renum. (6) (a) (intro.) to (6) (a) and am., r. (6) (a) 1. to 4., cr. (6) (am), am. (6) (b) 2. to 4., (7) (a) 5., (10) (a) 2. b. Register July 2016 No. 727, eff. 10-1-16; CR 18-085: am. (2) (d) 4., (f), (4) (a), renum. (4) (b) (intro.) to (4) (b) and am., r. (4) (b) 1., 2., am. (4) (h), (5) (a) 4., (b) 2., cr. (7) (a) 8., cr. (7) (c), (8) (d), am. (11) (c) 1. Register May 2020 No. 773, eff. 6-1-10; correction in (4) (b) made under s. 35.17, Stats., Register May 2020 No. 773.

ATCP 10.54 ATCP 10.54 Farm-raised deer; identification.

ATCP 10.54(1) (1) Official individual identification.

ATCP 10.54(1)(a) (a) Whenever a veterinarian does any of the following to a farm-raised deer, the veterinarian shall identify the farm-raised deer with an official individual identification unless the farm-raised deer already bears all required individual identification and shall record on the applicable document under subd. 1. or 2., all the official individual identification:

ATCP 10.54(1)(a)1. 1. Vaccinates, identifies, or tests a farm-raised deer in order to complete a certificate of veterinary inspection or other official document or certification.

ATCP 10.54(1)(a)2. 2. Tests, or collects test samples from, a farm-raised deer for any disease identified in s. ATCP 10.03.

ATCP 10.54(1)(am) (am) Whenever a person qualified under s. ATCP 10.52 (4) collects test samples from a farm-raised deer for chronic wasting disease testing, the person shall identify the farm-raised deer with an official individual identification or a dead tag, unless the farm-raised deer already bears all required individual identification, and shall record the official individual identification or dead tag number on the test sample. All identification tags and numbers from the animal shall accompany the test sample.

ATCP 10.54(1)(c) (c) A keeper of farm-raised deer shall identify each of the following farm-raised deer with 2 individual identifications meeting the requirements of sub. (3), unless that farm-raised deer already bears all the required individual identification:

ATCP 10.54(1)(c)1. 1. Each farm-raised deer that the person receives from another person.

ATCP 10.54(1)(c)2. 2. Each farm-raised deer that the person ships or delivers to another person.

ATCP 10.54(1)(c)3. 3. Each farm-raised deer that the person moves from one farm-raised deer herd to another.

ATCP 10.54(1)(c)4. 4. Each farm-raised deer that the person moves between locations that are registered under one registration certificate under s. ATCP 10.46 (4) (b).

ATCP 10.54(1)(f) (f) No person may remove, alter, or tamper with the official individual identification given to any farm-raised deer, except as approved by the department or the federal bureau.

ATCP 10.54(2) (2) Slaughter identification.

ATCP 10.54(2)(a) (a) Whenever a slaughtering establishment operator receives any farm-raised deer for slaughter, that operator shall immediately identify that farm-raised deer with an official backtag or other official slaughter identification approved by the department unless the farm-raised deer already bears official individual identification or slaughter identification.

ATCP 10.54(2)(b) (b) Whenever an operator under par. (a) receives a farm-raised deer for slaughter, that operator shall immediately record the following information related to that farm-raised deer:

ATCP 10.54(2)(b)1. 1. The official individual identification or slaughter identification under par. (a).

ATCP 10.54(2)(b)2. 2. The date on which that recipient received the farm-raised deer.

ATCP 10.54(2)(b)3. 3. The name and address of the person from whom that recipient received the farm-raised deer.

ATCP 10.54(2)(c) (c) A person who is required to keep records under par. (b) shall do all of the following:

ATCP 10.54(2)(c)1. 1. Retain each record for at least 5 years.