Chapter ATCP 10

ATCP 10.47(8) (8) Prohibited conduct. No person required to hold a hunting ranch certificate under sub. (2) may do any of the following:

ATCP 10.47(8)(a) (a) Violate or allow others to violate s. 29.314 (3) or ch. 951, Stats.

ATCP 10.47(8)(b) (b) Violate or assist any violation of this chapter or ch. ATCP 12.

ATCP 10.47(8)(c) (c) Feed or bait in a manner that may attract wild deer to the fence of the hunting ranch.

ATCP 10.47 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-061: am. (3) (b) 4. Register June 2008 No. 630, eff. 7-1-09; CR 07-107: cr. (3) (b) 5., 6. and (4m), am. (7) (b) 6. Register November 2008 No. 635, eff. 12-1-08; renumbering in (4m) made under s. 13.92 (4) (b) 1., Stats., Register November 2008 No. 635; CR 11-048: cr. (3m) Register July 2012 No. 679, eff. 8-1-12; CR 13-058: renum. (4) to (4) (intro.), cr. (4) (a), (b), am. (4m), (7) (b) 6. Register March 2014 No. 699, eff. 6-1-14; correction in (4) (intro.) made under s. 35.17, Stats., Register March 2014 No. 699; CR 15-092: am. (title), (2) (b), (3) (title), (a), (b) (intro.), 2., 5., 6., r. (3) (b) 6., am. (3) (c), (3m) (title), (intro.), (c), (4) (intro.), (4m), (6), (7) (intro.), (b) (intro.), 2., r. (7) (b) 3., am. (8) (intro.) Register July 2016 No. 727, eff. 10-1-16; CR 18-085: am. (2) (a), (b), (3) (b) 5., (4) (intro.), (4m), am. (8) (a), cr. (8) (c) Register May 2020 No. 773, eff. 6-1-20.

ATCP 10.48 ATCP 10.48 Tuberculosis in farm-raised deer. Tuberculosis testing and control requirements are specified under s. ATCP 10.055.

ATCP 10.48 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-107: am. (6) (c) Register November 2008 No. 635, eff. 12-1-08; CR 11-048: am. (1) (a), r. (1) (b) Register July 2012 No. 679, eff. 8-1-12; CR 15-092: am. (1) (title), (a) (intro.), 2., renum. (1) (c) and (d) to (1) (b) and (2) and am., am. (4), (5), consol. (6) (b) (intro.) and 1. and renum. to (6) (b) and am., r. (6) (b) 2., am. (6) (c), (d) Register July 2016 No. 727, eff. 10-1-16; CR 18-085: r. and recr. Register May 2020 No. 773, eff. 6-1-20.

ATCP 10.49 ATCP 10.49 Farm-raised deer; tuberculosis herd certification.

ATCP 10.49(1) (1) Herd certification.

ATCP 10.49(1)(a) (a) The department may certify a herd of farm-raised deer as one of the following if the herd qualifies for that certification under 9 CFR 77:

ATCP 10.49(1)(a)1. 1. An accredited tuberculosis-free herd.

ATCP 10.49(1)(a)2. 2. A tuberculosis monitored herd.

ATCP 10.49(1)(a)3. 3. A tuberculosis qualified herd.

ATCP 10.49(1)(b) (b) To acquire and maintain certification, a keeper of farm-raised deer shall comply with applicable requirements in the tuberculosis uniform methods and rules.

ATCP 10.49 Note Note: The tuberculosis 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:

ATCP 10.49 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P. O. Box 8911
Madison, WI 53708-8911

ATCP 10.49(1)(c) (c) A tuberculosis herd certification may cover multiple herds of farm-raised deer of one deer keeper or farm-raised deer of multiple deer keepers if all of the farm-raised deer included in the certification are commingled and managed as one herd for disease control purposes. This paragraph does not apply to herds considered by the department to be medically separated herds.

ATCP 10.49(1m) (1m) Certification fee. Every application for certification under sub. (1) or (4) shall include a nonrefundable application fee of $150 for a 3-year certification. This fee may be prorated for certifications of less than 3 years.

ATCP 10.49(3) (3) Suspending or revoking certification.

ATCP 10.49(3)(a) (a) The department may, by written notice, summarily suspend or revoke a herd certification under sub. (1) if any of the following occur:

ATCP 10.49(3)(a)1. 1. Any farm-raised deer in the herd tests positive for tuberculosis.

ATCP 10.49(3)(a)2. 2. The herd owner fails to comply with sub. (1).

ATCP 10.49(3)(a)3. 3. Any farm-raised deer in the herd is commingled with animals of lesser or no tuberculosis status.

ATCP 10.49(3)(b) (b) The state veterinarian may issue a summary suspension or revocation notice under par. (a). The notice shall state the reason for the suspension or revocation.

ATCP 10.49 Note Note: A keeper of farm-raised deer may request a hearing on a suspension or revocation under sub. (3), pursuant to s. 227.42, Stats., and ch. ATCP 1. A request for a hearing does not automatically stay a summary suspension or revocation.

ATCP 10.49(4) (4) Certification transferred, or issued based on source herd certification. The department may not transfer a herd certification under sub. (1) to another herd or herd registrant, or certify a herd based solely on prior certification of another herd from which the herd received its farm-raised deer, unless all of the following apply:

ATCP 10.49(4)(a) (a) The herd registrant applies for the new or transferred certification not later than 90 days after the registrant first acquires farm-raised deer from the prior certified herd.

ATCP 10.49(4)(b) (b) The herd meets applicable requirements for certification under sub. (1).

ATCP 10.49 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-061: cr. (1m) Register June 2008 No. 630, eff. 7-1-09; CR 07-107: cr. (4) Register November 2008 No. 635, eff. 12-1-08; CR 11-048: renum. (1) to be (1) (a) and am., cr. (1) (b), (c), r. (2), am. (1m), (3) (a) 2. Register July 2012 No. 679, eff. 8-1-12; CR 13-058: am. (1m) Register March 2014 No. 699, eff. 6-1-14; CR 18-085: am. (3) (a) 3. Register May 2020 No. 773, eff. 6-1-20.

ATCP 10.50 ATCP 10.50 Brucellosis in farm-raised deer. Brucellosis testing and control requirements are specified under s. ATCP 10.052.

ATCP 10.50 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 18-085: r. and recr. Register May 2020 No. 773, eff. 6-1-20.

ATCP 10.51 ATCP 10.51 Farm-raised deer; brucellosis herd certification.

ATCP 10.51(1) (1) Certification.

ATCP 10.51(1)(a) (a) The department may certify a herd of farm-raised deer as a certified brucellosis-free herd based on 2 consecutive whole herd tests that are negative for brucellosis. The whole herd tests shall be conducted 9 to 15 months apart. Each whole herd test shall include all sexually intact farm-raised deer, at least 6 months old, which are in the herd at the time of the test.

ATCP 10.51(1)(b) (b) The department may certify a herd of farm-raised deer as a brucellosis monitored herd if the herd qualifies for that certification under the brucellosis uniform methods and rules.

ATCP 10.51(1)(c) (c) A brucellosis herd certification may cover multiple herds of farm-raised deer of one deer keeper or farm-raised deer of multiple deer keepers if all of the farm-raised deer included in the certification are commingled and managed as one herd for disease control purposes. This paragraph does not apply to herds considered by the department to be medically separated herds.

ATCP 10.51(2) (2) Maintaining certification.

ATCP 10.51(2)(a) (a) Except as provided in par. (b) or (c), a herd certification under sub. (1) expires 36 months after the date on which it is issued.

ATCP 10.51(2)(b) (b) The department may change the expiration date under par. (a) if all of the following apply:

ATCP 10.51(2)(b)1. 1. The keeper of the farm-raised deer requests the change.

ATCP 10.51(2)(b)2. 2. The new expiration date occurs before the original expiration date.

ATCP 10.51(2)(b)3. 3. All test-eligible farm-raised deer in the herd test negative for brucellosis within 3 months before or after the new expiration date.

ATCP 10.51(2)(c) (c) The department may issue a subsequent herd certification under sub. (1) for a 36-month period beginning immediately after the applicable herd certification expiration date under par. (a) or (b) if the herd keeper submits proof that all test-eligible farm-raised deer in the herd have tested negative for brucellosis within 3 months before or after that expiration date.

ATCP 10.51(2)(d) (d) Test methods and procedures under pars. (b) and (c) shall comply with the brucellosis uniform methods and rules.

ATCP 10.51(2)(e) (e) Except as provided in pars. (a) to (c), a herd certification under sub. (1) is contingent upon compliance with the brucellosis uniform methods and rules.

ATCP 10.51(2m) (2m) Every application for certification under sub. (1), (2), or (4) shall include a nonrefundable application fee of $150 for a 3-year certification. The department may prorate the fee for certification of less than 3 years.

ATCP 10.51(3) (3) Suspending or revoking certification.

ATCP 10.51(3)(a) (a) The department may, by written notice, summarily suspend or revoke a herd certification under sub. (1) if any of the following occur:

ATCP 10.51(3)(a)1. 1. A farm-raised deer in the herd tests positive for brucellosis.

ATCP 10.51(3)(a)2. 2. The keeper of the farm-raised deer fails to comply with sub. (2).

ATCP 10.51(3)(b) (b) The state veterinarian may issue a summary suspension or revocation notice under par. (a). The notice shall state the reason for the suspension or revocation.

ATCP 10.51 Note Note: A keeper of farm-raised deer may request a hearing on a suspension or revocation notice under sub. (3), pursuant to s. 227, Stats., and ch. ATCP 1. A request for a hearing does not automatically stay a summary suspension or revocation.

ATCP 10.51(4) (4) Certification transferred, or issued based on source herd certification. The department may not transfer a herd certification under sub. (1) to another herd or herd registrant, or certify a herd based solely on prior certification of another herd from which the herd received its farm-raised deer, unless all of the following apply:

ATCP 10.51(4)(a) (a) The herd registrant applies for the new or transferred certification not later than 90 days after the registrant first acquires farm-raised deer from the prior certified herd.

ATCP 10.51(4)(b) (b) The herd meets applicable requirements for certification under sub. (1).

ATCP 10.51 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-061: cr. (1m) Register June 2008 No. 630, eff. 7-1-09; EmR0822: emerg. r. and recr. (1) and (2), eff. 7-9-08; CR 07-107: r. and recr. (1) and (2), cr. (4) Register November 2008 No. 635, eff. 12-1-08; CR 11-048: am. (1) (title), cr. (1) (c), r. (1m), cr. (2m) Register July 2012 No. 679, eff. 8-1-12; CR 13-058: am. (2m) Register March 2014 No. 699, eff. 6-1-14; correction in (2m) made under s. 35.17, Stats., Register March 2014 No. 699; CR 18-085: am. (2) (c) Register May 2020 No.773, eff. 6-1-20.

ATCP 10.52 ATCP 10.52 Chronic wasting disease in farm-raised deer.

ATCP 10.52(1) (1) Test-eligible farm-raised deer. A farm-raised deer is a test-eligible deer if it is either of the following:

ATCP 10.52(1)(a) (a) At least 16 months old.

ATCP 10.52(1)(b) (b) At least 12 months old if enrolled in the chronic wasting disease herd status program under s. ATCP 10.53, unless a different age is required under USDA rules.

ATCP 10.52(1m) (1m) Testing required. A person who keeps farm-raised deer in this state shall have a chronic wasting disease test performed on test-eligible farm-raised deer according to this section:

ATCP 10.52(1m)(a) (a) A farm-raised deer keeper whose herd is enrolled in the chronic wasting disease herd status program under s. ATCP 10.53 shall have a chronic wasting disease test performed on each of the following test-eligible farm-raised deer:

ATCP 10.52(1m)(a)1. 1. A farm-raised deer that dies or is killed intentionally, including escaped deer, while kept by that person.

ATCP 10.52(1m)(a)2. 2. A farm-raised deer that the person ships directly to a slaughtering establishment, according to any of the following:

ATCP 10.52(1m)(a)2.a. a. If the deer is from a herd with less than five years of status in the chronic wasting disease herd status program under s. ATCP 10.53, all deer shipped to a slaughtering establishment.

ATCP 10.52(1m)(a)2.b. b. If the deer is from a herd that has at least five years of status in the chronic wasting disease herd status program under s. ATCP 10.53, 25% of the farm-raised deer shipped to a slaughtering establishment.

ATCP 10.52 Note Note: A hunting ranch certified under s. ATCP 10.47 that is enrolled in the chronic wasting disease herd status program under s. ATCP 10.53 must comply with par. (a).

ATCP 10.52(1m)(b) (b) A farm-raised deer keeper whose herd is not enrolled in the chronic wasting disease herd status program under s. ATCP 10.53 shall have a chronic wasting disease test performed on all of the following test-eligible farm-raised deer:

ATCP 10.52(1m)(b)1. 1. Fifty percent of farm-raised deer that are killed intentionally, including by hunt on a hunting ranch registered under s. ATCP 10.47.

ATCP 10.52(1m)(b)2. 2. All farm-raised deer that die by accidental death or natural causes, and whose remains are testable, on the premises while kept by that person.

ATCP 10.52(1m)(b)3. 3. Twenty-five percent of all farm-raised deer that are sent to a slaughtering establishment.

ATCP 10.52(1m)(b)4. 4. All escaped farm-raised deer that are killed intentionally.

ATCP 10.52(1m)(c) (c) A farm-raised deer keeper who receives farm-raised deer but does not own the deer shall test that deer for chronic wasting disease as specified under par. (a) regardless of whether the keeper’s herd is enrolled in the chronic wasting disease herd status program.

ATCP 10.52(1m)(d) (d) A farm-raised deer keeper whose herd is enrolled in the chronic wasting disease herd status program under s. ATCP 10.53, and moves a deer to another location owned by the farm-raised deer keeper, shall test that deer for chronic wasting disease as specified under par. (a).

ATCP 10.52(2) (2) Moving live farm-raised deer from herds in this state. No person may move a live farm-raised deer from a herd in this state unless the movement complies with s. ATCP 10.56 (1).

ATCP 10.52(3) (3) Collecting test samples.

ATCP 10.52(3)(a) (a) A chronic wasting disease test under sub. (1m) shall be performed on a tissue sample that complies with all of the following requirements:

ATCP 10.52(3)(a)1. 1. The tissue sample shall be collected by a qualified person under sub. (4).

ATCP 10.52(3)(a)2. 2. The tissue sample shall be collected within 7 calendar days after the farm-raised deer dies or is killed or slaughtered, or within 7 calendar days after its death is first discovered.

ATCP 10.52(3)(a)3. 3. Except as provided in par. (b), the tissue sample shall be collected before any part of the farm-raised deer carcass leaves the premises where the farm-raised deer died, or was killed or slaughtered.

ATCP 10.52(3)(b) (b) A keeper of farm-raised deer who holds a valid herd registration certificate under s. ATCP 10.46 (1) may separate the head of a farm-raised deer carcass from the rest of the carcass, and may ship the head to the person who collects the test sample under sub. (1m), if the keeper identifies both the head and the rest of the carcass according to s. ATCP 10.46 (13) before either the head or the rest of the carcass leaves the herd premises.

ATCP 10.52(3)(c) (c) A person who collects or submits a test sample under this section shall do all of the following:

ATCP 10.52(3)(c)1. 1. Comply with standard procedures established by the department or the federal bureau when collecting or submitting the test sample.

ATCP 10.52(3)(c)1m. 1m. Label the test sample with the number of the official individual identification, or if the official individual identification number is not available, the back tag, official slaughter identification approved by the department, or dead tag of the farm-raised deer from which the sample was collected. All identification tags and numbers from the animal shall accompany the test sample.

ATCP 10.52(3)(c)2. 2. Submit the test sample as follows:

ATCP 10.52(3)(c)2.a. a. If the collector of a test sample is a veterinarian, to a laboratory approved under sub. (5) within 10 calendar days of collecting the sample.

ATCP 10.52(3)(c)2.b. b. If the collector is not a veterinarian, to a veterinarian for submission to a laboratory under par. (d) within 9 calendar days after the farm-raised deer dies or is killed or slaughtered.

ATCP 10.52(3)(d) (d) A certified veterinarian who accepts a test sample from a test sample collector under this section shall submit the test sample to a laboratory approved under sub. (5) within 10 calendar days of receipt.

ATCP 10.52(4) (4) Persons qualified to collect test samples.