Section 95.55. Farm-raised deer.

 

(1)   Registration.

(a) Except as provided in par. (b) and s. 169.04 (5m) , no person may keep farm-raised deer unless the person is registered with the department under this section.

(b)

1. Establishments licensed under s. 97.42 may keep live farm-raised deer for slaughtering purposes for up to 72 hours without being registered under this section.

2. The department may promulgate rules to exempt groups of persons or species of farm-raised deer from the registration requirement under this section.

(c) The department shall register a person to keep farm-raised deer in a fenced area that is located in this state and another state without having the entire area in this state enclosed with a fence if all of the following apply:

1. The person is keeping farm-raised deer in the fenced area on June 2, 2006.

2. The fenced area located in this state complies with the applicable fencing requirements under ss. 90.20 and 90.21 , or the fencing requirements of the adjoining state, whichever are more stringent, as determined by the department of natural resources.

3. The person complies with all of the rules promulgated under this section for the prevention of disease in farm-raised deer or all such laws of the adjoining state, whichever are more stringent, as determined by the department of agriculture, trade and consumer protection.

4. The person has the carcass of each farm-raised deer that dies, in either state, inside the fenced area, from being harvested or from natural causes tested for chronic wasting disease and has the test results submitted to the department of agriculture, trade and consumer protection and to the department of natural resources.

5. The person notifies the department of agriculture, trade and consumer protection and the department of natural resources of the escape of any deer from the portion of the fenced area that is located in this state immediately upon discovering the escape.

6. The person does not release into this state any deer from the fenced area.

(2)   Application. A person shall register under this section using a form provided by the department. The form shall be accompanied by the applicable fees specified under sub. (3) . Upon registration, the department shall issue the person a registration certificate.

(3)   Registration fee; reinspection fee.

(a) The department shall, by rule, specify the fee for registration under this section. The department may not require an individual who is eligible for the veterans fee waiver program under s. 45.44 to pay a fee for registration under this section.

(b)

1. If the department reinspects the premises where farm-raised deer are kept because the department has found a violation of this chapter or rules promulgated under this chapter, the department shall charge the person registered under this section the reinspection fee specified under subd. 2.

2. The department shall specify the reinspection fee to be charged under subd. 1. by rule. The reinspection fee may not exceed the reasonable costs to reinspect the premises. The department may specify different reinspection fees for different premises.

3. A reinspection fee under this paragraph is payable when the reinspection is completed, and is due upon written demand from the department. The department may issue a demand for payment when it issues a registration renewal application form to the person registered to keep farm-raised deer under this section.

(3c)   Transfers.

(a) No person may transfer a registration certificate issued under this section or an ownership interest in a farm registered under this section except as provided in par. (b) .

(b) An individual may transfer his or her registration certificate or his or her ownership interest in a farm registered under this section to a member of his or her immediate family.

(3m)   Authorization. A person who is registered under this section may do any of the following:

(a) Possess, propagate, purchase, sell, hunt, kill, and exhibit farm-raised deer.

(b) Hunt or sell or offer to sell the opportunity to hunt farm-raised deer that the person owns.

(4)   Animal handling facilities. A person required to register under this section shall provide animal handling facilities to ensure the safety of farm-raised deer during handling and of the persons handling the farm-raised deer.

(5)   Hunting.

(a) A person hunting farm-raised deer is exempt from having any hunting approval issued under ch. 29 and is exempt from any closed season restrictions or bag limits established by the department of natural resources. In order to regulate the hunting of farm-raised deer, the department of agriculture, trade and consumer protection may promulgate rules to establish tagging requirements or other methods for identifying dead farm-raised deer that have been legally hunted or killed and to impose other conditions or requirements regulating the hunting of farm-raised deer. Section 29.314 applies to the hunting of farm-raised deer.

(b) No owner of farm-raised deer may sell, or offer to sell, the opportunity to hunt farm-raised deer unless the farm-raised deer to be hunted are confined in an area of 80 contiguous acres or more, except as provided in pars. (bg) and (br) .

(bg) The area required under par. (b) may be less than 80 contiguous acres if all of the following applies:

1. The owner subject to par. (b) had a license for a deer farm issued under s. 29.871 , 1999 stats., that was in effect on December 31, 2002, and that authorized persons other than the licensee or the licensee's employees to hunt deer.

2. The owner was in compliance with the requirement to register with the department under this section beginning on January 1, 2003, and has been registered continuously since that date.

3. The deer are confined in an area that is not less than the acreage subject to the deer farm license on December 31, 2002.

4. Before January 1, 2003, the owner offered for sale the opportunity to hunt as authorized under the license.

5. The owner submits to the department evidence that demonstrates that the owner meets the requirements of this paragraph, and the department verifies the evidence.

(bk) The evidence required under par. (bg) 5. that relates to par. (bg) 4. may include any of the following:

1. A copy of the notice given by the owner to the department of natural resources before the taking of deer, as required under s. 29.871 (7) , 1999 stats.

2. The acknowledgement by the department of natural resources of the notice submitted by the owner before the taking of deer, as required under s. 29.871 (7) , 1999 stats.

3. An annual report submitted by the owner to the department of natural resources under s. 29.871 (12) , 1999 stats.

4. State or federal income tax records or sales tax records.

5. A conditional use permit or other regulation imposed by a political subdivision.

6. Receipts or other business records.

7. Brochures, advertisements, Internet sites, or other promotional information.

(bm) An owner who wishes to demonstrate compliance with par. (bg) shall make application to the department no later than November 1, 2006.

(bn) Notwithstanding any authorization for hunting under this section, no person may do any of the following:

1. Shoot or shoot at a farm-raised deer while hunting unless the person is in physical possession of the weapon.

2. Provide or operate, or offer to provide or operate, a facility that allows a person the opportunity to hunt a farm-raised deer if the person who is hunting is in violation of subd. 1.

(br) If an individual under this section to whom par. (bg) applies transfers his or her registration certificate or his or her ownership interest to a member of his or her immediate family under sub. (3c) (b) , the area required under par. (b) may be less than 80 contiguous acres but may not be less than the acreage subject to the deer farm license on December 31, 2002.

(c) The department of natural resources and the department of agriculture, trade and consumer protection shall cooperate with each other with respect to the hunting of farm-raised deer.

(6)   Rules.

(a) The department shall promulgate rules to regulate persons who keep farm-raised deer. The rules shall establish disease testing requirements for bovine tuberculosis and chronic wasting disease and may establish testing requirements for other diseases.

(b) The rules promulgated under this subsection may include any of the following:

1. Standards to be followed by persons keeping farm-raised deer to prevent the spread of disease.

2. Provisions requiring that registration under this section be on an annual basis.

3. Exemptions from any annual registration requirements established under subd. 2.

1995 a. 79 ; 2001 a. 56 ; 2003 a. 179 ; 2005 a. 35 , 359 , 409 ; 2007 a. 97 ; 2009 a. 28 ; 2011 a. 209 . Cross-reference: See also chs. ATCP 10 and 12 , Wis. adm. code.