Wisconsin Legislature: ATCP 10.56(1)(a)

Note: A record of the official individual identification applied under subd. 2. or 3. must be recorded per s. ATCP 10.045 (3) (b).

Note: Animal identification requirements for animal truckers, animal markets and animal dealers are specified under ch. ATCP 12.

History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 11-048: am. (1) (a) 2. Register July 2012 No. 679, eff. 8-1-12; CR 13-058: am. (1) (a), cr. (1) (am), am. (1) (c) (intro.), (d), (e) Register March 2014 No. 699, eff. 6-1-14; CR 15-092: am. (1) (a) (intro.), (am), (2) (a), (b) 1. Register July 2016 No. 727, eff. 10-1-16; CR 18-085: am. (1) (am), (c) (intro.), r. (1) (d), (e), am. (2) (a), (b) (intro.), cr. (3) Register May 2020 No. 773, eff. 6-1-20.

ATCP 10.55 Farm-raised deer; imports.

(1) General. No person may import a farm-raised deer into this state without an import permit under s. ATCP 10.07 (2). Imports of farm-raised deer shall comply with this section.

Note: See also ss. ATCP 10.46 (1) (h) (importing to temporary farm-raised deer exhibits), ATCP 10.81 (importing circus, rodeo, racing, and menagerie animals) and 10.84 (importing wild animals).

(2) Certificate of veterinary inspection; requirement.

(a) Except as provided in par. (b), a valid certificate of veterinary inspection shall accompany every farm-raised deer imported into this state.

(b) A farm-raised deer imported directly to a slaughtering establishment for slaughter shall comply with all of the following:

1. The farm-raised deer shall be accompanied by a completed federal bureau form VS 1-27 or a valid certificate of veterinary inspection.

Note: Federal bureau form VS 1-27 must be completed by an accredited veterinarian, an authorized state animal health official, or the federal bureau.

2. The farm-raised deer shall be tested for chronic wasting disease under the testing standards established by the state of origin.

(3) Certificate of veterinary inspection; contents. A certificate of veterinary inspection under sub. (2) (a) shall include all of the following:

(a) A tuberculosis certification under sub. (4).

(b) A report of compliance with brucellosis testing requirements specified, in the brucellosis uniform methods and rules, for interstate movement of farm-raised deer.

Note: The brucellosis uniform methods and rules are on file with the department and the legislative reference bureau. Copies may be obtained from the USDA website at: www.aphis.usda.gov/wps/portal/aphis/ourfocus/animalhealth. Copies may also be obtained by writing to the following address:

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

(d) Two individual identifications on the farm-raised deer that meet the requirements under s. ATCP 10.54 (3).

(e) The following statements or substantially similar statements:

1. “All cervids identified on this certificate originate from a herd currently enrolled in good standing with at least 5 years of status in a state chronic wasting disease program meeting the federal bureau standards.”

2. “All cervids identified on this certificate originate from a herd that has shown no clinical signs of chronic wasting disease in the past 12 months.”

3. “All cervids identified on this certificate originate from a herd that is adequately separated from any wild deer herd known to be infected with chronic wasting disease.”

(4) Tuberculosis status. A certificate of veterinary inspection under sub. (2) (a) shall certify one of the following:

(a) The farm-raised deer originates from a herd that qualifies as an accredited tuberculosis-free herd under s. ATCP 10.49 (1) (a).

(b) The farm-raised deer originates from a herd that qualifies as a tuberculosis qualified herd, based on a whole herd test completed within 365 days prior to the import date.

History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-107: r. (3) (c), (d), (4) (c), (d) and (5), am. (4) (b) Register November 2008 No. 635, eff. 12-1-08; CR 11-048: am. (3) (e) Register July 2012 no. 679, eff. 8-1-12; CR 13-058: am. (2) (b) (intro.), 1., 2., cr. (3) (d), am. (3) (e) Register March 2014 No. 699, eff. 6-1-14; CR 15-092: renum. (3) (e) to (3) (e) (intro.) and 1. and am., cr. (3) (e) 2., 3. Register July 2016 No. 727, eff. 10-1-16; CR 18-085: am. (3) (d), (3) (e) 1. Register May 2020 No. 773, eff. 6-1-20.

ATCP 10.56 Moving farm-raised deer in Wisconsin.

(1) Certificate of veterinary inspection required. A valid certificate of veterinary inspection shall accompany every farm-raised deer that is moved from a herd in this state, except that no certificate of veterinary inspection is required for any of the following:

(a) A farm-raised deer moved directly to slaughter, if all the following apply:

1. The farm-raised deer is accompanied by a completed federal bureau form VS 1-27, or a department permit under s. ATCP 10.08 (3).

Note: Federal bureau form VS 1-27 may be completed by an accredited veterinarian, an authorized state animal health official, or the federal bureau.

2. The farm-raised deer is tested for chronic wasting disease after being slaughtered as required under s. ATCP 10.52 (1m), if the deer is any of the following:

a. At least 12 months old and originates from a herd enrolled in the chronic wasting disease herd status program under s. ATCP 10.53.

b. At least 16 months old and does not originate from a herd enrolled in the chronic wasting disease herd status program under s. ATCP 10.53.

3. The farm-raised deer has identification required under s. ATCP 10.54 (3).

(b) A farm-raised deer moved, pursuant to a permit under s. ATCP 10.08 (3), between institutions that are accredited by the association of zoos and aquariums.

(c) A farm-raised deer moved between 2 locations that are covered by the same registration certificate under s. ATCP 10.46 (4) (b).

(d) A farm-raised deer movement that is treated as a movement within a single herd for purposes of s. ATCP 10.46 (5) (b).

Note: See also s. ATCP 10.46 (1) (h) (movement to temporary farm-raised deer exhibits).

(2) Certificate of veterinary inspection; contents. A certificate of veterinary inspection under sub. (1) shall be signed by a Wisconsin certified veterinarian who is the herd veterinarian for the herd of origin. The certificate shall include all of the following:

(a) The tuberculosis certification under sub. (3).

(b) The chronic wasting disease certification under sub. (4).

Note: The certificate of veterinary inspection may also include any auxiliary identification on the farm-raised deer.

(3) Tuberculosis certification. A certificate of veterinary inspection under sub. (1) (a) shall certify one of the following:

(a) The farm-raised deer originates from an accredited tuberculosis-free herd under s. ATCP 10.49.

(b) The farm-raised deer originates from a herd that is classified as a tuberculosis qualified herd under s. ATCP 10.49, based on a whole herd test completed within the preceding 365 days of movement.

1. It originates from a tuberculosis monitored herd under s. ATCP 10.49.

2. It has tested negative on a tuberculosis test conducted no more than 90 days prior to the movement date.

3. It has been continuously isolated since the test under subd. 2., in a manner that prevents it from contracting tuberculosis from other cervids.

(d) The farm-raised deer meets all of the following requirements:

1. It has tested negative on 2 tuberculosis tests conducted 90 to 270 days apart, and the second test was performed within 90 days prior to the movement date.

2. It has been isolated since the first test under subd. 1., in a manner that prevents it from contracting tuberculosis from other cervids.

(e) The farm-raised deer originates from a herd that is on the same premises as bovine animals that meets one of the requirements under s. ATCP 10.46 (11) (d) 2.

(f) The farm-raised deer meets all of the following requirements:

1. The farm-raised deer is moving into a hunting ranch holding a certificate under s. ATCP 10.47.

2. It originates from a herd that has completed a whole herd test.

3. It has tested negative on a tuberculosis test conducted no more than 90 days prior to the movement date.

4. It has been continuously isolated since the tuberculosis test under subd. 3. in a manner that prevents it from contracting tuberculosis from other cervids.

Note: See the note under par. (d) above.

(4) Chronic wasting disease certification. A certificate of veterinary inspection under sub. (1) shall certify that the farm-raised deer originates from a herd that meets all of the following requirements:

(a) It has shown no clinical signs of chronic wasting disease in the past 12 months.

(b) It is currently enrolled in the chronic wasting disease herd status program under s. ATCP 10.53, is in good standing, and has at least 5 years of status.

(c) It is adequately separated from any wild deer herd known to be infected with chronic wasting disease. If 2 or more wild deer found or killed within 5 miles of the farm-raised deer herd have tested positive for chronic wasting disease, the certificate of veterinary inspection may not certify that the farm-raised deer herd is adequately separated under this paragraph unless the herd is enclosed by a double protective barrier under s. ATCP 10.58 that was installed before, or within a reasonable time after, the farm-raised deer keeper first received notice of the disease finding in the second wild deer and has been continuously maintained since erected.

Note: The department will notify a farm-raised deer keeper whenever a wild deer found or killed within 5 miles of the keeper’s farm-raised deer herd tests positive for chronic wasting disease. Ninety days is generally a “reasonable time” to install a double protective barrier, for purposes of par. (c), although winter construction limitations may justify a longer “reasonable time.”

History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-107: cr. (1) (d) and (4) (c), am. (3) (d) 1., r. and recr. (4) (b) Register November 2008 No. 635, eff. 12-1-08; CR 11-048: am. (3) (b), cr. (3) (f), am. (4) (b) Register July 2012 No. 679, eff. 8-1-12; CR 13-058: am. (1) (a) 2., (b), (2) (intro.), cr. (2) (c), r. (3) (e), am. (4) (intro.) Register March 2014 No. 699, eff. 6-1-14; CR 15-092: renum. (1) (a) 2. to (1) (a) 2. (intro.) and am., cr. (1) (a) 2. a., b., 3., am. (3) (f) 1., 4. Register July 2016 No. 727, eff. 10-1-16; CR 18-085: am. (1) (a) 2. (intro.), 3., (2) (c), (3) (b), cr. (3) (e), am. (4) (b) Register May 2020 No. 773, eff. 6-1-20.

ATCP 10.58 Farm-raised deer; separation from diseased wild deer. For purposes of ss. ATCP 10.53 (7) (a) 4. and 10.56 (4) (c), a double protective barrier means one of following systems, or a combination of any of the following systems, which fully encloses a farm-raised deer herd and is approved by the department:

(1) A double fence that meets all of the following requirements:

(a) Each fence is at least 8 feet high at every point.

(b) The 2 fences are at least 8 feet but not more than 16 feet apart at every point.

(2) A solid barrier that is at least 8 feet high at every point.

History: CR 07-107: cr. Register November 2008 No. 635, eff. 12-1-08; correction in (intro.) and renumbering made under s. 13.92 (4) (b) 1. and 7., Stats., Register November 2008 No. 635; CR 15-092: am. (1) (b) Register July 2016 No. 727, eff. 10-1-16.

Subchapter VIII — Fish

ATCP 10.60 Definitions. In this subchapter:

(1) “Contiguous parcels” means land parcels that are adjacent or that share a common boundary. “Contiguous parcels” includes parcels that are separated only by a river, stream, section line, public road, private road, or railroad or utility right of way.

(1m) “Fish farm” means a facility or group of facilities, all located on a single parcel of land or on 2 or more contiguous parcels, at which a person hatches fish eggs, rears live fish, or holds live fish for the purpose of introduction into the waters of the state, human or animal consumption, fishing, use as bait or fertilizer, or for sale to another person to rear for one of those purposes.

(2) “Food processing plant” means a facility that is required to be licensed under s. 97.29, Stats.

(2m) “Listed species” means the species of fish listed on the shipment documents or listed on the fish farm registration application as hatched or kept at the fish farm. “Listed species” does not include species that the department determines are incidentally included in the shipment or located on the fish farm.

Note: Although this exempts the incidental fish in a shipment from fish health certificate and department import permit requirements, it does not exempt a fish importer from the prohibitions or restrictions on fish imports in ch. NR 40.

(3) “Operator” means a person who owns or controls a fish farm. “Operator” includes the operator’s employees and agents.

(4) “Ornamental fish” means goldfish, koi, tropical freshwater fish that cannot survive in temperatures below 38°F, saltwater fish, and other fish that the department designates in writing.

(5) “Qualified fish health inspector” means an individual who qualifies under s. ATCP 10.67 (1).

(6) “Qualified laboratory” means a laboratory that qualifies under s. ATCP 10.67 (2).

(7) “Retail food establishment” means a facility that is required to be licensed under s. 97.30, Stats.

(8) “Restaurant” means a facility that is required to be licensed under s. 97.605, Stats.

(9) “Salmonid” means fish or fish eggs of the family that includes trout, salmon, grayling, char, Dolly Vardon, whitefish, cisco, and inconnu.

(10) “Untreated water” means water that has not been rendered free of pathogens.