(1) FENCING
SPECIFICATION. Any person who keeps farm-raised deer that are white-tailed deer
shall keep the farm-raised deer enclosed by a perimeter fence that meets all of
the following requirements:
(a)
Fencing height and material. The fence shall be at least 8
feet high measured from the ground to the top horizontal wire and shall be a
high tensile fence that satisfies par. (b), a woven wire fence that satisfies
par. (c) or, if made of other materials, is of a design and level of strength
that provides equivalent retentive capacity. Fences constructed and approved
prior to January 1, 2003 need only be 7'10'' in height. All fences shall extend
all the way to the ground.
(b)
High tensile fence. A high tensile fence satisfies the
requirements of this subsection if all the following apply:
1. The horizontal line wires are not less
than 2.5 millimeters in size and are heavily galvanized high tensile
wire.
2. The vertical stay wires
are not less than 2.5 millimeters in size and are heavily galvanized medium
tensile wire.
3. The knot wire is
not less than 2.24 millimeters in size and is heavily galvanized mild
steel.
4. The distance between
vertical stay wires is not more than 6 inches.
5. The distance between horizontal line wires
is not more than 4 inches in the bottom foot of the fence, is not more than 6.5
inches in the next 2 feet of the fence and is not more than 8.5 inches in the
rest of the fence.
6. The posts are
not more than 20 feet apart.
(c)
Woven wire fence. A
woven wire fence shall satisfy the requirements of this subsection if all of
the following apply:
1. The wire is 14
1/2 gauge or heavier.
2. If
the wire is 14 1/2 gauge, the mesh is not larger than 36 square
inches.
3. If the wire is heavier
than 14 1/2 gauge, the mesh is not larger than 48 square inches.
4. The distance between horizontal line wires
is not more than 4 inches in the bottom foot of the fence, is not more than 6.5
inches in the next 2 feet of the fence and is not more than 8.5 inches in the
rest of the fence.
5. The posts are
not more than 12 feet apart.
(d)
Wooden posts. If the
fence is made of wooden posts, all of the following shall apply:
1. The post shall be at least 12 feet
long.
2. The top of the line posts
shall, if rectangular, be at least 3.5 inches in the smallest dimension or, if
round, at least 3.5 inches in diameter.
3. The top of the corner and gate posts
shall, if rectangular, be at least 5.5 inches in the smallest dimension or, if
round, at least 5.5 inches in diameter.
4. The wires shall be held securely to the
inside of the posts, allowing for free movement of the horizontal line wires,
using 9 gauge staples of at least 1.5 inch size.
(e)
Steel or iron posts. If
the fence is made with steel or iron posts, the posts shall be at least 12 feet
long.
(f)
Installation of
wire. The wires are installed on the side of the fence toward the
farm-raised white-tailed deer except at corners.
(g)
Additions to fences.
Additions to an existing perimeter fence or portion of an existing perimeter
fence shall meet the 8 foot height requirement if constructed after January 1,
2003.
(h)
Gates.
All gates shall remain closed and secured to prevent unauthorized access and
opening of the gates, except when authorized persons or equipment are traveling
through the gates.
(i)
Corridors. A corridor at least 4 feet wide shall be maintained
along the inside or outside of all perimeter fences to allow regular
inspections of the fence by the deer farm operator or the department with the
use of a vehicle.
(2)
FENCE REQUIREMENTS. No person may maintain a perimeter fence that contains
farm-raised white-tailed deer unless one of the following applies:
(a) The farm-raised white-tailed deer are
enclosed by a perimeter fence that meets the requirements established in sub.
(1) (a) to (i).
(b) The
farm-raised white-tailed deer are enclosed by double perimeter fences or by one
solid perimeter fence meeting the following standards:
1. If a double perimeter fence is used, both
shall meet the requirements established in sub. (1) (a) to (i) and the 2 fences
shall be at least 8 feet but not more than 16 feet apart.
2. Solid perimeter fences shall meet the
requirements established in sub. (1) (a) to (i) and the lower 7 feet of the
fence shall be covered with solid material that prevents animals on opposite
sides of the fence from making visual or physical contact. The solid perimeter
fence shall contain at least one single strand electrified wire on the inside
or the outside of the entire length of the perimeter fence at a height of 3
feet and shall be at a distance of 2 feet from the main fence.
(3) MINIMUM SIZE. A
farm-raised white-tailed deer farm exterior fence may not enclose less than
1/2 acre or 21,780 square feet.
(4) EXCEPTIONS. The use of materials, other
than those specified in this section for deer farm boundary fence construction
may be permitted by the department if the materials are found to exceed minimum
specifications and the fence is sufficient to hold the deer inside the
enclosure.
(6) NOTICE OF FENCE
EXPANSION OR REPLACEMENT. No person may enclose white-tailed deer within any
fenced enclosure which has had the perimeter fence expanded or replaced after
its initial fence inspection certificate has been issued without first filing a
notice and description of the expansion or replacement with the department
prior to enclosing any white-tailed deer within the new fence. The department
shall inspect and approve the new fence before it can be used to enclose
farm-raised deer that are white-tailed deer. The notice shall include the
following:
(a) Name and address of the
farm-raised white-tailed deer farmer.
(b) Location of the facility if different
then the address in par. (a).
(c)
Farm-raised white-tailed deer farm registration number.
(d) Number of additional fenced acres that
will contain white-tailed deer.
(e)
Lineal footage of replaced or additional fencing.
(f) Description of the type of fences to be
installed.
(g) Expected
construction beginning and ending dates and desired date to enclose deer within
the fence.
Note: Routine maintenance and minor repairs to
existing wire, posts and gates, that do not result in the total replacement of
a section of perimeter fence, do not need to be reported to the department and
if constructed and approved prior to January 1, 2003, may remain at a 7'10" in
height. Notice of fence expansion does not need to occur before construction
begins.
(7)
REPORTING OF FENCE FAILURES AND ESCAPES. Any time a fence required by s.
90.21,
Stats., fails to comply with the requirements of this section or from which a
farm-raised deer that is a white-tailed deer escapes, the person issued the
fence certificate shall notify the department of the fence failure or escape.
The notification shall take place immediately if possible but not later than 24
hours after the person is aware the fence failure or escape has occurred and
shall include what action will be taken.
Note: Notification of fence failures or escapes
should be made to the local conservation warden or wildlife manager in the
county the fence failure or escape occurs, or by calling the department's
hotline at 1-800-847-9367.
(8) EXEMPTIONS FOR CERTAIN PERSONS, ZOOS AND
INSTITUTIONS. Each of the following is exempt from the requirements under sub.
(1) (a) if approved by the department and subs. (2), (3), and (6):
(a) A veterinarian, for the purpose of
providing medical treatment to a farm-raised deer that is a white-tailed
deer.
(b) A public zoo as defined
under s.
169.01(28),
Stats.
(c) Research conducted under
a license issued under s.
169.25,
Stats.
(d) A licensed
rehabilitator, for rehabilitation purposes as authorized under s.
169.24,
Stats.
(e) A person who is licensed
under s.
95.68 or
95.71, Stats.,
and who is possessing the farm-raised deer under the authority of the
license.
(f) A person who is
licensed under s.
95.69, Stats., and
who possesses the farm-raised deer for 10 days or less and solely for the
purpose of resale or slaughter.