2. Three strands of electric fence would cost approximately $75.96, or $350 per square acre ($.09 or $.41 per foot), not including labor, insulators, electric power unit, electricity, or shipping and handling, calculated using materials as follows:
- Using 14 gauge ¼ mile (1,320 feet) electric fence wire ($31.99 per roll) and 5’ steel T posts ($5.95 per post).
- One square acre would require 836 feet of electric fencing x 3 strands ($31.99 x 3 = $99.97) + 42 posts (20 ft spacing) (42 x $5.95 = $250) for a total of $350. If the electric wire is attached directly to the existing fence posts, T posts would not have to be purchased and the total cost would be $75.96 per square acre.
10. Effect on Small Business (initial regulatory flexibility analysis):
The department estimates that the enhanced fencing portion of the rule will have a moderate economic impact on certain small businesses, particularly white-tailed deer farmers. However, these rules offer flexibility to deer farmers regarding the options that are available to them to install enhanced fencing. Landowners can choose a minimal cost option or can defray that cost by installing the fencing themselves.
Additionally, these rules may provide an economic impact to certain small businesses. Fencing installers may gain additional revenue as well as licensed meat processors.
Alternative to not imposing these rules is that CWD will continue to spread throughout the state. This could cause a drop-in participation in white-tailed deer hunting which contributes more than $1 billion dollars to the state’s economy. These rules will benefits landowners and small businesses who rely on deer hunting for revenue.
11. Agency Contact Person: Scott Karel, 101 South Webster Str., PO BOX 7921, Madison, WI 53707-7921. (608) 267-2452, scottr.karel@wisconsin.gov. 12. Place where comments are to be submitted and deadline for submission:
Written comments were submitted at the public hearings, by regular mail and email to:
Scott Karel
Department of Natural Resources
P.O. Box 7921
Madison, WI 53707
608-267-2452
608-267-7857 (fax)
Section 1 NR 10.105 (2) is amended to read:
NR 10.105 (2) CARCASS CONDITION AND TRANSPORTATION. No person may possess a deer, bear, or elk carcass that is not completely intact while in the field or during transportation from the field, except that:
(a) The entrails may be removed and disposed of while afield by field dressing.
(b) Deer, bBear, and elk may be skinned, and the lower legs of a deer an elk from the hooves up to the tarsus joint on the hind legs and from the hooves up to the carpus joint on the front legs may be removed. All parts must be removed from the field. If in−person registration is required, the hide and lower legs must accompany the deer, bear, or elk until the time of registration. After in−person or electronic registration has been completed, and the deer, bear, or elk has been removed from the field, all parts not retained shall be disposed of in a manner in compliance with s. 287.81 (2), Stats. (c) A deer, bear, or elk may be divided into not more than 5 parts, not including the hide and the lower legs, only to facilitate removal from the field. The head and neck of the bear or elk shall remain attached to one of the other parts of the animal, not including the hide. A person who divides a deer, bear, or elk while afield:
1. May not allow the deer, bear, or elk to be stored or transported with any other deer elk or bear that has been divided while afield.
2. May not divide any bear in a manner that does not keep one part of the bear intact to allow it to be measured in a straight line from the tip of the nose to the base of the tail, to determine it was an adult bear of 42 inches or greater.
3. Must remove all parts from the field.
4. Shall exhibit all parts at the time of registration when in− person registration is required by the department.
5. Must dispose of all parts not retained in a manner that is in compliance with s. 287.81 (2), Stats., but such disposal may only occur after in−person or electronic registration has been completed, and the deer, bear, or elk has been removed from the field. Section 2 NR 10.105 (4) (intro) is amended to read:
NR 10.105 (4) Transportation of cervid animals from a chronic wasting disease affected area. Unless otherwise authorized by the department, the carcasses of deer harvested in a chronic wasting disease affected area identified by the department may not be transported outside of that area the county of harvest except for any of the following, or as provided under sub. (7): Section 3 NR 10.105 (4) (a) is repealed and recreated to read:
NR 10.105 (4) (a) A deer head being transported to an approved CWD sampling cooperator, kiosk, or staffed CWD testing center for the purpose of testing the head for CWD.
Section 4 NR 10.105 (7) (a) is amended to read:
NR 10.105 (7) (a) That part of the carcass which includes the head and spinal column shall be submitted to a licensed meat processor or permitted taxidermist within 72 hours of entering this state if the carcass originated from out of state, or within 72 hours from the time of registration the carcass leaves the county of harvest if the carcass originated from the chronic wasting disease affected area in this state.
Section 5 NR 16.45 (2) (intro) is repealed and recreated to read:
NR 16.45 (2) Fence requirements. Except as specified under sub. (2m), farm-raised white-tailed deer herds registered under s. ATCP 10.46 shall be enclosed by enhanced fencing that includes one of following systems, or a combination of any of the following systems, that fully encloses a farm-raised deer herd and is approved by the department: Section 6 NR 16.45 (2) (a) is repealed
Section 7 NR 16.45 (2) (c) & (2e) are created to read:
NR 16.45 (2) (c) The farm raised white-tailed deer are enclosed by a perimeter fence, at least 8 feet high at every point, that has at least three strands of electrified wire on the inside or the outside of the entire length of the perimeter fence, including gates, at heights ranging from 6 inches to 48 inches from the ground. The fence must be all of the following:
1. Electrified at all times except when power must be turned off for maintenance or other normal practices.
2. Constructed so that each strand is attached individually, each with its own insulators, to the perimeter fence.
3. Designed to exclude deer.
4. Maintained in a way that avoids the likelihood of electrical ground-out.
(2e) Effective Date. An enhanced fence under this sub (2) shall be completed within one year of the effective date of this rule. The department may inspect the fence under this section. Upon request by the department, the farm raised deer keeper shall provide transportation to inspect the fence.
Section 8 NR 16.45 (2m) (a) (b) & (2s) are created to read:
NR 16.45 (2m) Fence requirements For Certain White-tailed Deer Farms. Farm-raised white-tailed deer herds registered under s. ATCP 10.46 that have had a positive chronic wasting disease test result for any deer residing in that herd, and if the herd does not depopulate all deer within the fence annually, shall be enclosed by enhanced fencing which includes 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: (a) The farm-raised white-tailed deer are enclosed by double perimeter fences in which both shall meet the requirements established in sub. (1) (a) to (i) and the 2 fences shall be at least 8 feet but not more than 16 feet apart.; or (b) The farm-raised white-tailed deer are enclosed by one solid perimeter fence that shall meet the requirements established in sub. (1) (a) to (i) and the lower 7 feet of the fence shall be covered with solid material that prevents animals on opposite sides of the fence from making visual or physical contact. The solid perimeter fence shall contain at least one single strand electrified wire on the inside or the outside of the entire length of the perimeter fence at a height of 3 feet and shall be at a distance of 2 feet from the main fence. (2s) Effective Date A double fence or solid barrier under sub (2m) shall be completed within one year of the effective date of this rule. The department may inspect the fence under this section. Upon request by the department, the farm-raised deer keeper shall provide transportation to inspect the fence.
Section 9. NR 16.45 (8) (intro) is amended to read:
NR 16.45 (8) EXEMPTIONS FOR CERTAIN PERSONS, ZOOS AND INSTITUTIONS. Each of the following is exempt from the requirements under sub. (1) (a) if approved by the department and subs. (2), (2e), (2m), (2s), (3), and (6):
Section 10. Statement of Emergency. The department finds that an emergency rule is necessary to prevent the further spread of Chronic Wasting Disease (CWD) so that the state can continue the proper management of the deer population in a way that preserves the public welfare. A healthy deer herd and quality deer hunting are a critical component of Wisconsin’s culture, economy and identity.
Section 11. Effective Date. This rule takes effect on the first day of the month following publication in the official state newspaper, as provided in s. 227.24(1) (c), Stats. Section 12. Board adoption. This rule was approved and adopted by the State of Wisconsin Natural Resources Board on [DATE].
