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).