Section 1 removes prohibitions of quartering a deer in the field or leaving the carcass parts behind.
Section 2 restricts the ability for deer hunters who harvest a deer in a CWD-affected county to move that deer outside of the county that the deer was originally harvested.
Section 3 allows a hunter to remove a deer head from a CWD-affected county if the head is being transported to an approved CWD sampling cooperator, kiosk, or staffed CWD testing center for testing the head for CWD.
Section 4 allows hunters to move a wild deer carcass with the head or spine attached out of a CWD-affected county if they take it to a licensed meat process or permitted taxidermist within 72 hours of leaving the county of harvest.
Sections 5, 6 & 8 create enhanced fencing standards for deer farmers who raise white-tailed deer.
Section 7 removes language which allowed farm-raised white-tailed deer to be enclosed by a single perimeter fence.
Section 9 clarifies changes to fencing standards as a result of these rules do not apply to certain individuals and groups, who were already exempt from complying with the previous standards.
6. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations:
For deer hunting there are no related federal regulations. There is a federal herd status program, although participation in that program is voluntary. States possess inherent authority to manage the wildlife resources located within their boundaries, except insofar as preempted by federal treaties and laws, including regulations established in the Federal Register.
7. Comparison with Similar Rules in Adjacent States:
Iowa currently only requires a single 8-foot-high fence for deer farmers. They also restrict the movement of all wild or captive deer from CWD endemic areas outside the state but don’t currently restrict movement of animals within the state.
Michigan requires mandatory testing of deer killed in townships where CWD is present within 72 hours of harvest. While the state does not currently restrict wild deer carcass movement, they are proposing additional regulations that would do so. One proposal would ban the movement of a deer carcass from a five-county area unless that deer has been tested for CWD. Michigan requires a single 10-foot-high exterior fence for farm raised white-tailed deer.
Illinois currently does not regulate the movement of deer carcasses within the state. Illinois does not currently have specific fencing requirements for white-tailed deer farms. They only require that all herd premises must have perimeter fencing adequate to prevent ingress and egress of cervids.
Finally, Minnesota does not allow any wild deer carcass to be removed from their CWD management area until after a CWD test has been completed, not even to a licensed meat processor or taxidermist. They define a CWD management area as any area within 10 miles of a known CWD positive. An individual that lives within that area may self-process their deer but they must keep the carcass parts in case the deer tests positive for CWD to be collected and disposed of by a digester. Minnesota currently only requires a single 8-foot fence, but they are exploring adopting rules which would require any deer farm within their CWD management area to double fence.
8. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen:
Since its discovery in Wisconsin in 2002, 55 counties either have experienced a positive test for CWD or are within ten miles of a positive testing event. Of these counties 25 are designated as such due to having a wild CWD positive deer, 16 are within 10 miles of a wild CWD positive deer and 14 have a captive CWD positive or are within 10 miles of a captive CWD positive deer. While the pathways for the transmission of CWD remain unclear, Wisconsin has made efforts to slow the progression of the disease by restricting baiting and feeding and by requiring additional fencing that restricts contact between wild deer and captive populations. These efforts have not prevented the spread of CWD. The progression of CWD threatens the welfare of Wisconsin's unique hunting culture as well as the multi-billion-dollar hunting industry within the state.
Current rule language only requires that a white-tailed deer farmer install a single perimeter fence that meets department specification. A double fence is also currently allowed, but not required. The second fence must meet the same specifications as the perimeter fence. This proposal will require all deer farms to install either a second 8-foot-high fence, a solid barrier that is at least 8 feet high, or enhanced electric fencing attached to the existing perimeter fence. Farms where there has been a positive CWD test would be required to install a double 8-foot-high fence or a solid barrier that is at least 8-feet-high at every point.
Carcass transportation movement (natural or human-assisted) of infected animals is a key pathway in the spread of CWD. The infectious nature of the CWD prion contributes to an increased risk of transmission not only where live animals are concentrated, but also where dead animals are transported to if not disposed of in a proper manner. Hunter harvested deer carcasses are often moved across geographic barriers. This human assisted movement of carcasses has the potential to cause the spread of CWD where it would otherwise be much less likely through the natural movements of deer in a wild population.
Carcass movement restrictions were put into place to prevent tissues most likely to contain chronic wasting disease (CWD) infectious agents (prions) from being introduced to areas of the state where CWD does not yet exist. From 2002-2013, the CWD management zone consisted of south-central deer management units (DMUs). Starting September 1, 2009, regulations were put into place that only allowed movement of whole carcasses within the management zone and adjacent management units unless the carcass was brought to a licensed taxidermist or meat processor within 72 hours.
In 2014, the deer management units were changed to mostly county-based units. The CWD management zone was changed to CWD-affected counties. A county was considered CWD-affected if a wild or captive cervid had tested positive for CWD in the county or in a county within 10 miles. The CWD-affected counties encompassed a much larger area than the CWD management zone, including areas outside the southern endemic CWD area. This allowed hunters to move a whole carcass to more areas of the state than previously permitted.
9. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report:
Wild Deer Carcass Transportation. While these rules may make it more difficult for individuals to home butcher their deer, the process will not be outright prohibited since statute allows the movement of specific parts of the deer to any area of the state.
Many of the state’s deer hunters already take their deer to a licensed meat processor and current rules exempt the movement of deer out of a CWD affected county to any licensed meat processor. We anticipate any additional cost to sportsmen will be related to those who currently home butcher carcasses and who will elect to take their deer to a meat processor instead of moving the carcass in parts as currently permitted.
The average cost of meat processing is estimated to be about $150. We do not know how many sportsmen will opt to process their carcass at a licensed meat processor. Based on our preliminary analysis, we do not anticipate a significant economic impact to individuals or groups. If there were to be any economic cost resulting from this rule, we anticipate that it would be very minimal to moderate (between $50,000 to $370,000). The additional cost that will be attributable to additional sportsmen opting for a licensed meat processor will be a benefit transferred to meat processors within the economy.
Enhanced Fencing. Currently, the department has registered approximately 370 locations as having farm-raised deer. Some of these 370 locations are already enclosed with enhanced fencing. Of that total, approximately 244 have white-tailed deer and 120 have other species of cervid. Locations with white-tailed deer have approximately 30,300 acres.
Fencing costs will vary depending on the acreage and terrain of the land to be fenced, labor costs, and type of fence to be installed.
Fencing materials included 8’ tall woven wire high tensile fence (2096-6) 20 horizontal wires with vertical stay wires 6” apart and 96” tall. Set post was 6” x 12’ treated wood post, and corner braces post were 6” x 12’ treated wood post with a 5” x 12’ treated wood post as a brace and 12 ½ ga. brace wire. Line post was spaced 20’ apart and were 4” x 12’ treated wood posts. There were 4 gate openings 14’ wide and 1-14’ pipe frame gate and wire over the pipe for each opening.
Labor costs will presumably be less if the owner installs the fence. Using fencing materials provided by Kencove.com, the department estimates fencing costs to be as follows per one square acre:
1. A second fence would cost approximately $1,556 per square acre ($1.85 per foot), not including labor, gates or shipping and handling, calculated and using materials as follows:
- Using Fastlock Deer Fence, 20 horizontal lines, 96 inch height, 6 inch vertical spacing, 12.5 gauge high tensile wire, 330’ roll ($363.50 per roll) and 5” x 12’ tapered pine wood post ($15.15 per post).
- One square acre would require 836 feet of fencing or 2.53 rolls of fence ($919.65) + 42 posts (20 ft spacing) (42 x $15.15 = $636.30) for a total of $1,556 per square acre.
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)
