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)
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.
