(10) Any person other than the licensee, or the licensee's employes, who shall hunt or trap
hunts deer upon any lands described in any such license shall be on the licensed premises is liable to the licensee in the sum of $100 in addition to all damage which the person may do to said farm or does to the deer and property thereon, but all actions for such trespass any action to recover damages shall be brought by such the licensee.
Note: The provision that creates liability for damage to the property of a licensed deer farm is eliminated, because this liability exists under general principles of law and does not need to be restated. The provision that creates liability for damage resulting from unauthorized hunting on a licensed deer farm is retained, because this provision negates the ability of the unauthorized hunter to argue that the deer were the property of the state and could be hunted in the same manner as deer elsewhere in the state.
(11) Each license shall be accepted by the licensee upon the condition that the licensee will comply with this section and with all provisions of law and that the licensee will honestly operate said deer farm for the purpose of propagating deer; that the and title to the deer in the inclosure for which a license has been granted and for which the applicant has paid the state at the rate of $25 per deer, enclosure shall be conditional conditioned upon the applicant and licensee honestly and fairly complying with this section and provisions of law other statutes and rules relating to the operation maintenance of deer farms; and in the. In an action to revoke the license of said licensee, or to establish the licensee's unfitness to further operate said deer farm, the court, in the judgment, in the event it is determined that the applicant and licensee has violated this section and the provisions of law relating to the operation of deer farms, shall provide that the title to all of the deer within said inclosure together with all of the increase therefrom be the enclosure is forfeited to the state; that the said tract of land shall licensed premises may not be used for a deer farm for a period of 5 years and until a new license therefor, after said 5 years, has been issued by the department as provided in this section after the 5-year period; that the department shall within 30 days of the notice of entry of judgment enter upon said tract the premises and open the said fences in such a manner as to give the inclosed animals free egress and may drive the said animals out of the inclosure if in the opinion of the department it is for the best interests of the state; said enclosure; that the lands for which said the license has been forfeited may be used by the owner thereof for all lawful purposes except the propagating of deer during said time,; and that during said 5 year the 5-year period said lands shall be a sanctuary and no hunting or trapping of any kind or character shall be practiced therein or thereon is prohibited on the land. The department shall
in such event duly post notices thereof of the judgment at intervals of 10 rods 55 yards around the entire tract premises.
(12) On or before January 1 of each year, each such licensee shall make a report to the department, covering the period from January 1 to December 31 of for the previous calendar year, upon blanks
on forms furnished by the department, stating the number of deer killed and sold and live deer sold during said period, the names and addresses of the persons to whom the same deer were sold and the dates of shipment.
(13) The department or its wardens shall have the right and power to may inspect such deer farms or the books records of such deer farms at any and all times when they may think the need requires it time.
29.578 (14) (a) of the statutes is renumbered 29.871 (14) (a) and amended to read:
29.871 (14) (a) No person may barter, sell or otherwise deal in the carcasses of deer taken from a deer farm unless the person obtains a deer farm sales license from the department. Each carcass of this type of deer that is sold by a person under this license is required to have a distinctive tag attached to it. The department shall
issue these furnish deer farm sales tags at cost.
29.578 (14) (am) of the statutes, as affected by 1997 Wisconsin Act 35
, is renumbered 29.871 (14) (am) and amended to read:
29.871 (14) (am) The department may issue special retail deer sale permits authorizing a person to sell at retail white-tailed deer venison in the carcass from a deer lawfully killed under this section to any retailer of meats if the venison is inspected under s. 97.42.
29.578 (14) (b) of the statutes is renumbered 29.871 (14) (b) and amended to read:
29.871 (14) (b) Any The department may issue a venison serving permit authorizing a person may
to serve venison obtained from a deer farm licensed under this section if the person has a venison serving permit from the department. The application for this permit shall be in the form and include the information the department requires. If the The department
after investigation is satisfied that the application is satisfactory it shall may issue a venison serving permit conditioned as follows:
2. It shall be exhibited in a conspicuous place in the premises where such venison is retained and served.
3. It shall contain the name and address of the applicant together with, the name and address of the premises where the venison will be retained and served, together with the source of the venison, and the sex, approximate weight and deer farm tag numbers of the carcass. The deer farm tag may be removed from a gutted carcass at the time of butchering, but the person who killed or obtained the deer shall retain the tag until the venison is consumed.
4. The permittee agrees to shall record immediately upon possession all additional venison, purchased, possessed or served during under the permit period in the space provided therefor on the permit.
5. The permittee agrees that the department or its wardens shall have the right to may inspect the premises where such venison is retained or served and that the venison will be inspected under s. 97.42.
29.578 (14) (c) of the statutes is renumbered 29.871 (14) (b) 6. and amended to read:
29.871 (14) (b) 6. Each The permittee under par. (b) shall file a verified report to
with the department within 30 days after the expiration of the permit containing such information regarding the operations under the permit as the department requires on forms furnished in the form required by the department.
29.578 (15) and (16) of the statutes are renumbered 29.871 (15) and (16).
29.579 of the statutes is renumbered 29.873 and amended to read:
29.873 Domestic fur-bearing animal farms. The breeding, raising and producing in captivity, and the marketing, by the producer, of foxes, fitch, nutria, marten, fisher, mink, chinchilla, rabbit or caracul, as live animals, or as animal pelts or carcasses shall be deemed considered an agricultural pursuit, and all such animals so raised in captivity shall be deemed considered domestic animals, subject to all the laws of the state with reference to possession, ownership and taxation as are at any time applicable to domestic animals. All persons engaged in the foregoing activities are farmers and engaged in farming for all statutory purposes.
29.583 of the statutes is renumbered 29.875 and amended to read:
29.875 Disposal of escaped deer. (1) The department may seize and dispose of or may authorize the disposal of any deer that has escaped from land licensed under s. 29.574 29.867 or 29.578 29.871 or owned by a person registered under s. 95.55 if the escaped deer has traveled more than 3 miles from the land or if the licensee or person has not had the deer returned to the land within 72 hours of the discovery of the escape.
(2) Notwithstanding sub. (1), the department of natural resources may dispose of the deer immediately if the department of agriculture, trade and consumer protection determines that the deer poses a risk to public safety or to the health of other domestic or wild animals.
29.585 (title) of the statutes is renumbered 29.877 (title).
29.585 (1) of the statutes is renumbered 29.877 (2m) and amended to read:
29.877 (2m) The department may grant
issue licenses for wildlife exhibits which are defined as any place where one or more live wild animals are kept in captivity for the purpose of exhibition or for advertising purposes. The and shall prescribe the form of
the application and license shall be prescribed by the department.
29.585 (2) (a) of the statutes, as affected by 1997 Wisconsin Act 27
, is renumbered 29.877 (2) (intro.) and amended to read:
29.877 (2) (intro.) In this section, "wild:
(a) "Wild animal" means any mammal, fish or bird of a wild nature as distinguished from domestic animals under the common law or under the statutes whether or not the mammal, fish or bird was bred or reared in captivity, but does not include deer of the genus dama, cervus or rangifer or farm-raised fish.
29.585 (2) (b) to (6) of the statutes are renumbered 29.877 (2) (b) to (6) and amended to read:
29.877 (2) (b) "Wildlife exhibit" means any place where live wild animals are kept in captivity for the purpose of exhibition or for advertising purposes, but does not include the exhibition of any live wild animal by any educational institution, state department agency, public zoo, park or garden, circus or theatrical exhibition or any such exhibition sponsored by any organization with the approval of the department.
(3) No wildlife exhibition exhibit license shall may be granted by the department until it is satisfied that the provisions for housing and caring for such the wild animals and for protecting the public are proper and adequate and in accordance with the standards therefor established by the department.
(4) The department shall promulgate and enforce rules for the housing, care, treatment, feeding and sanitation of wild animals kept in wildlife exhibits and for the protection of the public from injury by the wild animals.
(5) No person may keep any live wild animal in captivity for the purpose of exhibition or for advertising purposes or have any wild animal in his or her custody or under his or her control for such purpose maintain a wildlife exhibit, unless the person has a wildlife exhibit license is issued to the person by the department. A wildlife exhibit license is required in addition to any game bird and animal farm or fur farm license or deer farm license under s. 29.578 that is required for the possession, breeding, propagating or dealing of these wild animals if these farms are wildlife exhibits as defined under sub. (1).
(6) Each licensee shall file an annual, verified a report with the department within 30 days after the expiration of such the license containing such information on the operation of the wildlife exhibit as the department may require and on forms furnished by the department.
29.586 of the statutes is renumbered 29.879, and 29.879 (1) to (3), as renumbered, are amended to read:
29.879 (1) The department has the authority to may examine all lands, together with and buildings, licensed as game bird and animal farms, deer farms or, fur farms or wildlife exhibits to determine that all whether wild animals held in captivity on such licensed farms are treated in a humane manner and confined under sanitary conditions with proper and adequate housing, care and food.
(2) The department may order any licensee to comply with standards prescribed in such the order for the housing, care, treatment, feeding and sanitation of wild animals held in captivity by the licensee.
(3) Any such The licensee who fails to shall comply with such the order of the department within 10 days of its issuance will be subject to penalties provided in s. 29.99.
29.59 (title) and (1) (intro.) and (a) of the statutes are renumbered 29.885 (title) and (1) (intro.) and (a).
29.59 (1) (b) of the statutes is repealed.
29.59 (1) (c) to (e) of the statutes are renumbered 29.885 (1) (c) to (e).
Note: The definition of "daylight hours" is repealed and the substance of the definition is moved to current s. 29.59 (3) (c) (intro.), the only occurrence of that term.
29.59 (2) to (7) of the statutes are renumbered 29.885 (2) to (7), and 29.885 (3) (c) (intro.) and 3., (4m) and (5), as renumbered, are amended to read:
29.885 (3) (c) (intro.) A person who owns, leases or occupies property outside an incorporated municipality on which a wild animal or a structure of a wild animal is allegedly causing damage and who has made a complaint under par. (a), may remove the wild animal or the structure during daylight hours at any time from one hour before sunrise until one hour after sunset if all of the following conditions apply:
3. The wild animal is not of an endangered or threatened species under s. 29.415 29.604
and is not a migratory bird on the list in 50 CFR 10.13
that is promulgated under 16 USC 701
(4m) Hunting allowed. If the department removes or authorizes the removal of a wild animal or the structure of a wild animal under sub. (3) (b), the person who owns, leases or occupies the property on which the damage occurred shall open the property to others for hunting and trapping for one year beginning on the date on which the removal activity started unless hunting is prohibited under this chapter, rules promulgated under this chapter or under any municipal ordinance.
(5) Abatement. (a) The department may refuse to investigate under sub. (3) (a) if the person making the complaint refuses to participate in any available wildlife damage abatement program administered under s. 29.598 29.889 or refuses to follow reasonable abatement measures recommended by the department or by the county in which the property is located if the county participates in a wildlife damage abatement program.
(b) Before taking action under sub. (3) (b) or (4), the department may require the person making the complaint to participate in any available wildlife damage abatement program administered under s. 29.598 29.889 or to follow reasonable abatement measures recommended by the department.
Subchapter VIII (title) of chapter 29 [precedes 29.591] of the statutes is created to read:
Education and Training
29.597 (6) (b) (intro.) of the statutes is created to read:
29.597 (6) (b) (intro.) The following persons are exempt from the requirement under par. (a):
29.598 (title) of the statutes is renumbered 29.889 (title).
29.598 (2) (title) and (a) of the statutes are renumbered 29.889 (2) (title) and (a).
29.598 (2) (c) of the statutes is renumbered 29.889 (2) (c) and amended to read:
29.889 (2) (c) Review of county administration plans. The department shall provide guidelines to counties applying for participation in the wildlife damage abatement and wildlife damage claim programs under sub. (3) (b). The department shall review each plan of administration submitted under sub. (3) (c) and shall approve the plan if it is in substantial compliance with sub. (3) (c) and the administrative rules promulgated by the department under this section.
29.598 (2) (d) of the statutes is renumbered 29.889 (2) (d).
29.598 (3) of the statutes is renumbered 29.889 (3).
29.598 (4) (title) and (a) of the statutes are renumbered 29.889 (4) (title) and (a).
29.598 (4) (c) of the statutes is renumbered 29.889 (4) (c).
29.598 (5) (title) and (a) of the statutes are renumbered 29.889 (5) (title) and (a).
29.598 (6) (title) and (a) of the statutes are renumbered 29.889 (6) (title) and (a).
29.598 (6) (c) of the statutes is renumbered 29.889 (6) (c).
29.598 (6) (dm) and (em) of the statutes, as created by 1997 Wisconsin Act 27
, are renumbered 29.889 (6) (dm) and (em).
29.598 (6) (f) of the statutes is renumbered 29.889 (6) (f).
29.598 (8) of the statutes is renumbered 29.889 (8).
29.598 (8g), (8r), (9), (10) and (11) of the statutes, as created by 1997 Wisconsin Act 27
, are renumbered 29.889 (8g), (8r), (9), (10) and (11), and 29.889 (10) (c) 3., as renumbered, is amended to read:
29.889 (10) (c) 3. The revocation of the person's privileges or approvals under s. 29.99 29.971 (12) if the person violating par. (b) owns, leases or controls land, or owns livestock or apiaries, to which the false statement or representation relates.
29.599 of the statutes is renumbered 29.947.
29.60 (title), (1) and (2) of the statutes are renumbered 29.088 (title), (1) and (2), and 29.088 (1), as renumbered, is amended to read:
29.088 (1) Except as provided by s. 29.29 29.601 (4), it shall be is unlawful to use baits containing poison of any description in any forests, fields or other places where it might destroy or cause the destruction of wild animals or birds, and the possession of any such poison or poison baits in a hunting or trapping camp or on any person while hunting or trapping shall be prima facie evidence of a violation hereof.
29.60 (2m) and (3) of the statutes are renumbered 29.088 (2m) and (3) and amended to read:
29.088 (2m) It shall be is unlawful to take, capture or kill or attempt to take, capture or kill any bird by setting or operating any trap or device designed, built or used to capture birds on a pole, post, tree stump or any other elevated perch more than 3 feet above the ground.
(3) Nothing in this chapter may prevent prevents the department or a person authorized under s. 29.59
29.885 from using an explosive or having an explosive near a beaver house or a beaver dam for the purpose of removing a beaver dam or a vacated beaver house when the beavers are causing damage to property.