AB514-ASA1,15,17 16(4) Provisions for variances and exemptions from licenses and for temporary
17licenses.
AB514-ASA1,15,19 18(5) For individuals, specific requirements based on their age and whether they
19are residents.
AB514-ASA1,15,20 20(6) Requirements for record keeping and reports.
AB514-ASA1,15,21 21(7) Duration of licenses.
AB514-ASA1,15,22 22(8) Fees.
AB514-ASA1, s. 66 23Section 66. 29.859 of the statutes is created to read:
AB514-ASA1,16,2 2429.859 Selling and purchasing wild animals. The department shall
25promulgate rules establishing requirements applicable to selling and purchasing

1wild animals and the carcasses of wild animals. The rules shall include all of the
2following:
AB514-ASA1,16,4 3(1) Specification of the persons or license holders who are authorized to sell or
4purchase wild animals.
AB514-ASA1,16,5 5(2) Regulations that are applicable to auctions and markets.
AB514-ASA1,16,6 6(3) Tagging and labeling requirements.
AB514-ASA1,16,7 7(4) Inspection requirements.
AB514-ASA1, s. 67 8Section 67. 29.861 of the statutes is created to read:
AB514-ASA1,16,11 929.861 Hunting of captive wild animals. (1) Prohibition; generally. No
10person may hunt a captive wild animal except as authorized by rule by the
11department.
AB514-ASA1,16,14 12(2) Prohibition; commercial hunting. No person may sell or offer to sell or
13purchase or offer to purchase the opportunity to hunt any wild animal that is or has
14been captive except as authorized by rule by the department.
AB514-ASA1, s. 68 15Section 68. 29.863 of the statutes is created to read:
AB514-ASA1,16,20 1629.863 Endangered and threatened species. No person may take from the
17wild, introduce, stock, release into the wild, exhibit, propagate, rehabilitate, hunt,
18trap, kill, sell, purchase, transfer or engage in any other activity related to a live wild
19animal that is a threatened or endangered species unless the person is in compliance
20with s. 29.415.
AB514-ASA1, s. 69 21Section 69. 29.865 of the statutes is created to read:
AB514-ASA1,17,2 2229.865 Damages for taking wild animals. A person who hunts, traps, kills
23or takes from the wild a wild animal subject to this chapter on land subject to a license
24issued under s. 29.857 without the permission of the license holder or of the holder's
25employe or agent is liable to the license holder for any damage that the person causes

1to any wild animal that is subject to the license or to any property or land that is
2subject to the license.
AB514-ASA1, s. 70 3Section 70. 29.867 of the statutes is created to read:
AB514-ASA1,17,8 429.867 Local ordinances. (1) Strict conformity; exception. (a) A city,
5village, town or county may enact and enforce an ordinance relating to possessing or
6selling live wild animals. Except as provided in par. (b), the ordinance shall be in
7strict conformity with ss. 29.853 to 29.871 and the rules promulgated under ss.
829.853 to 29.871.
AB514-ASA1,17,99 (b) An ordinance enacted under this section may do any of the following:
AB514-ASA1,17,1110 1. Prohibit any person or certain groups of persons from possessing certain
11types of live captive wild animals.
AB514-ASA1,17,1312 2. Prohibit any person or certain groups of persons from selling certain types
13of live captive wild animals.
AB514-ASA1,17,25 14(2) Department approval. The department shall review and shall approve or
15disapprove any ordinance proposed to be enacted under sub. (1) (b). The department
16shall disapprove a proposed ordinance if it determines that the ordinance fails to
17comply with the requirements under sub. (1). The city, village, town or county clerk
18shall submit the proposed ordinance in writing to the department at least 60 days
19before final action on the ordinance by the city, village, town or county. No later than
2020 days after receipt by the department of the proposed ordinance, the department
21shall notify the clerk of the city, village, town or county in writing of the department's
22decision whether to approve or disapprove the ordinance. If the department
23disapproves the proposed ordinance, the written notification shall include a written
24decision giving the grounds for the disapproval and suggesting any changes in the
25ordinance that would result in the ordinance being approved by the department.
AB514-ASA1, s. 71
1Section 71. 29.869 of the statutes is created to read:
AB514-ASA1,18,6 229.869 Seizure of captive wild animals. The department may determine
3by rule the conditions under which the department will seize captive wild animals,
4including any wild animal involved in a violation of ss. 29.853 to 29.871 or any rule
5promulgated under ss. 29.853 to 29.871, a dead or diseased wild animal, an escaped
6wild animal or a wild animal held in an inhumane manner.
AB514-ASA1, s. 72 7Section 72. 29.871 of the statutes is created to read:
AB514-ASA1,18,12 829.871 Inspections. (1) Departmental authority. For purposes of enforcing
9ss. 29.853 to 29.869 and the rules promulgated under ss. 29.853 to 29.869, a
10conservation warden or representative of the department, upon presenting his or her
11credentials to a person who possesses or has possessed wild animals, may do any of
12the following:
AB514-ASA1,18,1513 (a) Enter and inspect any land, vehicle, building or other structure where live
14wild animals are possessed or have been possessed or where carcasses of wild
15animals are possessed or have been possessed.
AB514-ASA1,18,1716 (b) Inspect any equipment, materials or other activities related to the wild
17animals.
AB514-ASA1,18,1918 (c) Gain access to and inspect any records concerning the wild animals required
19to be kept.
AB514-ASA1,18,2320 (d) Investigate and inspect any wild animal or any other animal to be
21introduced, stocked or released into the wild. Inspection under sub. (1) (d) may
22include the removal of reasonable diagnostic samples from wild animals for
23biological examination.
AB514-ASA1,18,25 24(2) Times for inspections. An inspection authorized under sub. (1) or (4) may
25be conducted during any of the following times:
AB514-ASA1,19,1
1(a) Normal business hours.
AB514-ASA1,19,32 (b) During the time that the person who possesses or has possessed wild
3animals is conducting business.
AB514-ASA1,19,44 (c) At any time, if the inspection is necessary for public health, safety or welfare.
AB514-ASA1,19,8 5(3) Prohibiting inspections. No person holding a license issued under s.
629.855, 29.857 or 29.859 or an operator of a vehicle for such a person, or employe or
7person acting on behalf of such a person, may prohibit entry as authorized under this
8section unless a court restrains or enjoins the entry or inspection.
AB514-ASA1,19,11 9(4) Inspections of introduced or stocked animals. Only persons determined
10by the department to be experienced in wildlife disease may remove diagnostic
11samples and diagnose diseases under sub. (1) (d).
AB514-ASA1,19,14 12(5) Taxidermists. For an inspection of a taxidermist's place of business, this
13section does not apply and the department shall conduct the inspection as authorized
14under s. 29.136 (7).
AB514-ASA1, s. 73 15Section 73. 29.99 (9g) of the statutes is created to read:
AB514-ASA1,19,1816 29.99 (9g) For the violation of any quarantine requirement promulgated under
17s. 29.855 (2) (e) or any quarantine order issued by the department, by a forfeiture of
18not more than $1,000.
AB514-ASA1, s. 74 19Section 74. 895.57 (3) of the statutes, as affected by 1997 Wisconsin Act 27,
20is amended to read:
AB514-ASA1,20,221 895.57 (3) Subsection (2) does not apply to any humane officer, local health
22officer, peace officer, employe of the department of natural resources while on any
23land licensed under s. 29.573, 29.574, 29.575 or 29.578 29.857 or designated as a
24wildlife refuge under s. 29.57 (1) or employe of the department of agriculture, trade

1and consumer protection if the officer's or employe's acts are in good faith and in an
2apparently authorized and reasonable fulfillment of his or her duties.
AB514-ASA1, s. 75 3Section 75. 943.75 (3) of the statutes, as affected by 1997 Wisconsin Act 27,
4is amended to read:
AB514-ASA1,20,125 943.75 (3) Subsection (2) does not apply to any humane officer, local health
6officer, peace officer, employe of the department of natural resources while on any
7land licensed under s. 29.573, 29.574, 29.575 or 29.578 29.857 or designated as a
8wildlife refuge under s. 29.57 (1) or employe of the department of agriculture, trade
9and consumer protection if the officer's or employe's acts are in good faith and in an
10apparently authorized and reasonable fulfillment of his or her duties. This
11subsection does not limit any other person from claiming the defense of privilege
12under s. 939.45 (3).
AB514-ASA1, s. 76 13Section 76. 951.01 (1m) of the statutes is created to read:
AB514-ASA1,20,1414 951.01 (1m) "Conservation warden" means a warden appointed under s. 23.10.
AB514-ASA1, s. 77 15Section 77. 951.015 of the statutes is amended to read:
AB514-ASA1,20,21 16951.015 Construction and application. This chapter shall not be
17interpreted as controverting any law regulating wild animals subject to regulation
18under ss. 29.853 to 29.871,
the taking of game as defined in s. 29.01 (4) to (7) and (10),
19the trapping of
wild animals, the use of live animals in dog trials or in the training
20of hunting dogs
under ch. 29, or the slaughter of animals by persons acting under
21state or federal law.
AB514-ASA1, s. 78 22Section 78. 951.09 of the statutes is amended to read:
AB514-ASA1,21,6 23951.09 (title) Shooting at caged or staked domesticated animals. No
24person may instigate, promote, aid or abet as a principal, agent, employe, participant
25or spectator, or participate in the earnings from, or intentionally maintain or allow

1any place to be used for the shooting, killing or wounding with a firearm or any deadly
2weapon, any domesticated animal, as defined in s. 29.853 (3), that is tied, staked out,
3caged or otherwise intentionally confined in a man-made enclosure, regardless of
4size. Nothing in this section prohibits the shooting of any wild game in its wild state
5or the shooting of game birds and waterfowl at licensed game farms or licensed
6shooting preserves.
AB514-ASA1, s. 79 7Section 79. 951.15 (5) of the statutes is created to read:
AB514-ASA1,21,108 951.15 (5) For purposes of enforcing this chapter as to wild animals subject to
9regulation under ss. 29.853 to 29.871, a conservation warden has the same powers
10and duties that a law enforcement officer has under this section.
AB514-ASA1, s. 80 11Section 80. 951.16 of the statutes is amended to read:
AB514-ASA1,22,2 12951.16 Investigation of cruelty complaints. A person may apply for a
13search warrant under s. 968.12 if there is reason to believe that a violation of this
14chapter has taken place or is taking place. If the court is satisfied that probable cause
15exists, it shall issue a search warrant directing a law enforcement officer in the
16county to proceed immediately to the location of the alleged violation with a doctor
17of veterinary medicine, if the court determines that a veterinarian is necessary for
18purposes of the search, and directing the law enforcement officer to search the place
19designated in the warrant, retaining in his or her custody subject to the order of the
20court such property or things as are specified in the warrant, including any animal.
21For purposes of enforcing this chapter as to a wild animal that is subject to regulation
22under ss. 29.853 to 29.871, the warrant may direct a conservation warden to act as
23provided in this section.
The warrant shall be executed and returned to the court
24which issued the warrant in accordance with ss. 968.15 and 968.17. This section

1shall not affect other powers and duties of law enforcement officers or conservation
2wardens
.
AB514-ASA1, s. 81 3Section 81. 951.18 (4) (a) 2. of the statutes is amended to read:
AB514-ASA1,22,134 951.18 (4) (a) 2. A sentencing court shall require a criminal violator to pay
5restitution to a person, including any local humane society or county or municipal
6pound or a law enforcement officer or conservation warden, for any pecuniary loss
7suffered by the person as a result of the crime, including expenses in keeping any
8animal that is involved in the crime. This requirement applies regardless of whether
9the criminal violator is placed on probation under s. 973.09. If restitution is ordered,
10the court shall consider the financial resources and future ability of the criminal
11violator to pay and shall determine the method of payment. Upon the application of
12any interested party, the court shall schedule and hold an evidentiary hearing to
13determine the value of any pecuniary loss under this paragraph.
AB514-ASA1, s. 82 14Section 82. 951.18 (4) (b) 1. of the statutes is amended to read:
AB514-ASA1,23,215 951.18 (4) (b) 1. A sentencing court may order that an animal be delivered to
16the local humane society or the county or municipal pound or to a law enforcement
17officer if a person commits a crime under this chapter, the person is the owner of the
18animal that is involved in the crime and the court considers the order to be
19reasonable and appropriate. A sentencing court may order that an animal be
20delivered to the department of natural resources, if the animal is a wild animal
21subject to regulation under ss. 29.853 to 29.871 and the court considers the order to
22be reasonable and appropriate.
The society, pound or officer shall release the animal
23to a person other than the owner or dispose of the animal in a proper and humane
24manner. If the animal is a dog, the release or disposal shall be in accordance with
25s. 174.046 (8) or (9), except s. 174.046 (8) (a) does not apply and the fees under s.

1174.046 (8) (d) do not apply if the expenses are covered under s. 951.17. If the animal
2is not a dog, the society, pound or officer may charge a fee for the release of the animal.
AB514-ASA1, s. 83 3Section 83. Nonstatutory provisions.
AB514-ASA1,23,134 (1) Approvals continued in effect. A license or permit issued under section
529.255, 29.535, 29.55, 29.573, 29.574, 29.575, 29.578 or 29.585, 1995 stats., shall
6continue in effect under those statutes, rules promulgated under those statutes and
7the terms of the license or permit until December 31, 1999, or until the department
8of natural resources requires a new license under section 29.857 of the statutes, as
9created by this act, whichever is earlier. Sections 29.087 (1), 895.57 (3) and 943.75
10(3) of the statutes apply to lands licensed under sections 29.573, 29.574, 29.575 and
1129.578, 1995 stats., until December 31, 1999, or until the department of natural
12resources requires a new license under section 29.857 of the statutes, as created by
13this act, whichever is earlier.
AB514-ASA1, s. 84 14Section 84. Effective date.
AB514-ASA1,23,1515 (1) This act takes effect on January 1, 1999.
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