LRBs0469/1
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1997 - 1998 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 2,
TO 1997 ASSEMBLY BILL 514
February 4, 1998 - Offered by Committee on Natural Resources.
AB514-ASA2,2,2 1An Act to repeal 29.092 (9), 29.093 (9), 29.255, 29.425 (title), 29.425 (1), 29.425
2(2), 29.425 (3), 29.425 (4m), 29.427, 29.535, 29.54 (1), 29.55, 29.565, 29.572,
329.573, 29.574, 29.575, 29.578, 29.579, 29.585, 29.586 and 29.605; to
4renumber
23.51 (1) and 29.54 (2); to renumber and amend 29.41, 29.42 (2),
529.425 (4) and 29.425 (5); to amend 23.50 (1), 23.50 (3), 23.65 (1), 29.02 (2),
629.03 (8), 29.05 (8) (a), 29.05 (8) (b), 29.087 (1), 29.09 (1), 29.092 (15) (a), 29.092
7(15) (f), 29.1025 (1) (c), 29.136 (4), 29.245 (5) (b) 3., 29.40 (2), 29.40 (6), 29.42 (1),
829.43 (5) (b), 29.44 (3), 29.45 (6), 29.46 (5), 29.49 (3), 29.54 (title), 29.583 (1),
929.59 (1) (f), 29.598 (1) (intro.), 29.645, 29.65 (1) (intro.), 895.57 (3), 943.75 (3),
10951.015, 951.09, 951.16, 951.18 (4) (a) 2. and 951.18 (4) (b) 1.; and to create
1123.51 (1d), 23.51 (9m), 29.02 (1m), 29.41 (2), 29.42 (2) (b), 29.42 (5), 29.853,
1229.855, 29.857, 29.859, 29.861, 29.863, 29.865, 29.867, 29.869, 29.871, 29.99

1(9g), 951.01 (1m) and 951.15 (5) of the statutes; relating to: the possession of
2wild animals and granting rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB514-ASA2, s. 1 3Section 1. 23.50 (1) of the statutes, as affected by 1997 Wisconsin Act 35, is
4amended to read:
AB514-ASA2,2,175 23.50 (1) The procedure in ss. 23.50 to 23.85 applies to all actions in circuit
6court to recover forfeitures, penalty assessments, jail assessments, applicable
7weapons assessments, applicable environmental assessments, applicable wild
8animal protection assessments, applicable natural resources assessments,
9applicable fishing shelter removal assessments, applicable snowmobile registration
10restitution payments and applicable natural resources restitution payments for
11violations of ss. 77.09, 134.60, 167.10 (3), 167.31 (2), 281.48 (2) to (5), 283.33, 285.57
12(2), 285.59 (2), (3) (c) and (4), 287.07, 287.08, 287.81 and 299.64 (2), subch. VI of ch.
1377, this chapter and chs. 26 to 31 and of ch. 350, and any administrative rules
14promulgated thereunder, violations of ch. 951 if the animal involved is a captive wild
15animal,
violations of rules of the Kickapoo reserve management board under s. 41.41
16(7) (k) or violations of local ordinances enacted by any local authority in accordance
17with s. 23.33 (11) (am) or 30.77.
AB514-ASA2, s. 2 18Section 2. 23.50 (3) of the statutes is amended to read:
AB514-ASA2,3,319 23.50 (3) All actions in municipal court to recover forfeitures, penalty
20assessments and jail assessments for violations of local ordinances enacted by any
21local authority in accordance with s. 23.33 (11) (am) or 30.77 shall utilize the
22procedure in ch. 800. The actions shall be brought before the municipal court having
23jurisdiction. Provisions relating to citations, arrests, questioning, releases,

1searches, deposits and stipulations of no contest in ss. 23.51 (1) (1m), (3) and (8),
223.53, 23.54, 23.56 to 23.64, 23.66 and 23.67 shall apply to violations of such
3ordinances.
AB514-ASA2, s. 3 4Section 3. 23.51 (1) of the statutes is renumbered 23.51 (1m).
AB514-ASA2, s. 4 5Section 4. 23.51 (1d) of the statutes is created to read:
AB514-ASA2,3,66 23.51 (1d) "Captive" has the meaning given in s. 29.853 (2).
AB514-ASA2, s. 5 7Section 5. 23.51 (9m) of the statutes is created to read:
AB514-ASA2,3,88 23.51 (9m) "Wild animal" has the meaning given in s. 29.853 (9).
AB514-ASA2, s. 6 9Section 6. 23.65 (1) of the statutes, as affected by 1997 Wisconsin Act 35, is
10amended to read:
AB514-ASA2,3,1611 23.65 (1) When it appears to the district attorney that a violation of s. 134.60,
12281.48 (2) to (5), 283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07, 287.08, 287.81
13or 299.64 (2), this chapter or ch. 26, 27, 28, 29, 30, 31 or 350, or any administrative
14rule promulgated pursuant thereto, or a violation of ch. 951, if the animal is a captive
15wild animal,
has been committed the district attorney may proceed by complaint and
16summons.
AB514-ASA2, s. 7 17Section 7. 29.02 (1m) of the statutes is created to read:
AB514-ASA2,3,2318 29.02 (1m) The department may provide that legal title to a live captive wild
19animal or the carcass of a captive wild animal is vested in the person who possesses
20the wild animal. The department may determine the conditions that must be met
21by a person who has title to a captive wild animal, the authority of a person to
22transfer title to a captive wild animal to another person and the authority of a person
23to kill or have killed a captive wild animal.
AB514-ASA2, s. 8 24Section 8. 29.02 (2) of the statutes is amended to read:
AB514-ASA2,4,8
129.02 (2) The legal title to any such wild animal, or carcass or part thereof,
2taken, possessed or reduced to possession in violation of this chapter, remains in the
3state; and the title to any such wild animal, or carcass or part thereof, lawfully
4acquired, is subject to the condition that upon the violation of this chapter relating
5to the possession, use, giving, sale, barter or transportation of such wild animal, or
6carcass or part thereof, by the holder of such title, the same shall revert, as a result
7of the violation, to the state. In either case, any such wild animal, or carcass or part
8thereof, may be seized forthwith, wherever found, by the department or its wardens.
AB514-ASA2, s. 9 9Section 9. 29.03 (8) of the statutes is amended to read:
AB514-ASA2,4,1210 29.03 (8) Any dog found running deer, except farm-raised deer or deer subject
11to regulation under ss. 29.853 to 29.871
, at any time, or used in violation of this
12chapter.
AB514-ASA2, s. 10 13Section 10. 29.05 (8) (a) of the statutes is amended to read:
AB514-ASA2,5,414 29.05 (8) (a) The department and its wardens shall seize and hold subject to
15the order of the court for the county in which the alleged offense was committed, any
16apparatus, appliance, equipment, vehicle or device, declared by this chapter to be a
17public nuisance, which they have probable cause to believe is being used in violation
18of this chapter, an administrative rule promulgated under this chapter or s. 167.31,
19287.81, 940.24, 941.20, 948.60, 948.605 or 948.61, is being used in the commission
20of a crime involving an animal normally found in the wild in violation of s. 951.09
or
21is being used in the commission of a crime relating to a submerged cultural resource
22in violation of s. 44.47. If it is proven that within 6 months previous to the seizure
23the apparatus, appliance, equipment, vehicle or device was used in violation of this
24chapter or an administrative rule promulgated under this chapter or s. 167.31,
25287.81, 940.24, 941.20, 948.60, 948.605 or 948.61, was used in the commission of a

1crime involving an animal normally found in the wild in violation of s. 951.09
or was
2used in the commission of a crime relating to a submerged cultural resource in
3violation of s. 44.47, it shall be confiscated if the court directs in its order for
4judgment.
AB514-ASA2, s. 11 5Section 11. 29.05 (8) (b) of the statutes is amended to read:
AB514-ASA2,5,146 29.05 (8) (b) Any perishable property seized by the department or its wardens
7may be sold at the highest available price, and the proceeds of the sale turned into
8court to await disposition of the proceeds as the court directs. A conservation warden
9or other officers charged with the enforcement of the laws dealing with the
10conservation of the natural resources of the state may kill a dog found running,
11injuring, causing injury to, or killing any deer, other than farm-raised deer or deer
12subject to regulation under ss. 29.853 to 29.871
, or destroying game birds, their eggs
13or nests, if immediate action is necessary to protect the deer or game birds, their
14nests or eggs, from injury or death.
AB514-ASA2, s. 12 15Section 12. 29.087 (1) of the statutes, as affected by 1997 Wisconsin Act 27,
16section 967n, is amended to read:
AB514-ASA2,5,2217 29.087 (1) Beginning on January 1, 1998, the department may not enter into
18any agreement to make payments to persons holding approvals issued under s.
1929.134, 29.135, 29.136, 29.137, 29.165, 29.166, 29.17, 29.33, 29.34, 29.343, 29.344,
2029.36, 29.37, 29.38, 29.544, 29.547, 29.573, 29.574, 29.575, 29.578 or 29.585 29.855,
2129.857 or 29.859
in exchange for the retirement of the approval or for the temporary
22or permanent cessation of any activity authorized under the approval.
AB514-ASA2, s. 13 23Section 13. 29.09 (1) of the statutes is amended to read:
AB514-ASA2,6,724 29.09 (1) License or other approval required for hunting, trapping or
25fishing.
Except as specifically provided otherwise by s. ss. 29.155 (1g) and (1h) and

129.853 to 29.871
or another section of this chapter, no person may hunt any wild
2animal, trap any game or fish for fish in the waters of this state unless the
3appropriate approval is issued to the person. A person shall carry the required
4approval with him or her at all times while hunting, trapping or fishing unless
5otherwise required by another section of this chapter or unless otherwise authorized
6or required by the department. A person shall exhibit the approval to the
7department or its wardens on demand.
AB514-ASA2, s. 14 8Section 14. 29.092 (9) of the statutes is repealed.
AB514-ASA2, s. 15 9Section 15. 29.092 (15) (a) of the statutes is amended to read:
AB514-ASA2,6,1310 29.092 (15) (a) Issuing fee generally. In addition to the fees specified for licenses
11and stamps under subs. (2) to (9) (8m), (11) and (13) and any surcharge fee imposed
12under sub. (14), a person who applies for a license or stamp or for a duplicate license
13or stamp issued under this chapter shall pay an issuing fee.
AB514-ASA2, s. 16 14Section 16. 29.092 (15) (f) of the statutes is amended to read:
AB514-ASA2,6,1815 29.092 (15) (f) Addition of issuing fee to be shown with license or stamp fee as
16one amount.
The issuing fee shall be added to the fee provided in subs. (2) to (9) (8m),
17(11) and (13) and any surcharge fee imposed under sub. (14). Any amount shown on
18the printed license form or stamp shall be the total of the issuing fee and other fees.
AB514-ASA2, s. 17 19Section 17. 29.093 (9) of the statutes is repealed.
AB514-ASA2, s. 18 20Section 18. 29.1025 (1) (c) of the statutes is amended to read:
AB514-ASA2,6,2221 29.1025 (1) (c) Any person hunting pheasant under s. 29.123 or on premises
22licensed under s. 29.573
is exempt from the requirements under par. (a).
AB514-ASA2, s. 19 23Section 19. 29.136 (4) of the statutes is amended to read:
AB514-ASA2,7,824 29.136 (4) Authorization. Subject to this section and rules promulgated under
25this section, a taxidermist permit authorizes the permit holder to possess and

1transport wild animals or carcasses of wild animals in connection with his or her
2business. This authority supersedes restrictions on the possession and
3transportation of wild animals and carcasses regardless of bag limits, rest days,
4closed seasons and similar restrictions, notwithstanding s. 29.174 and rules
5promulgated by the department under that section
carcasses of wild animals under
6this chapter and under any rules promulgated under this chapter
. Subject to this
7section and rules promulgated under this section, a taxidermist permit entitles the
8permit holder to the same privileges as a Class A fur dealer's license.
AB514-ASA2, s. 20 9Section 20. 29.245 (5) (b) 3. of the statutes is amended to read:
AB514-ASA2,7,1310 29.245 (5) (b) 3. To a person who possesses a flashlight or who uses a flashlight
11while if the person is on foot and training a dog to track or hunt raccoons, foxes or
12other unprotected wild animals and if the raccoons, foxes or other wild animals are
13not subject to regulation under ss. 29.853 to 29.871
.
AB514-ASA2, s. 21 14Section 21. 29.255 of the statutes is repealed.
AB514-ASA2, s. 22 15Section 22. 29.40 (2) of the statutes is amended to read:
AB514-ASA2,7,2116 29.40 (2) Deer tags. Except as provided under sub. (5) and s. 29.405 (3), any
17person who kills a deer shall immediately attach to the ear or antler of the deer a
18current validated deer carcass tag which is authorized for use on the type of deer
19killed. Except as provided under sub. (2m) or s. 29.578 (7), (8) or (14), no person may
20possess, control, store or transport a deer carcass unless it is tagged as required
21under this subsection.
AB514-ASA2, s. 23 22Section 23. 29.40 (6) of the statutes is amended to read:
AB514-ASA2,7,2423 29.40 (6) (title) Farm-raised deer Deer. This section does not apply to
24farm-raised deer or deer that are subject to regulation under ss. 29.853 to 29.871.
AB514-ASA2, s. 24
1Section 24. 29.41 of the statutes is renumbered 29.41 (1), and 29.41 (1) (c), as
2renumbered, is amended to read:
AB514-ASA2,8,93 29.41 (1) (c) Possess the raw skin of any muskrat, mink, otter, fisher or pine
4marten at any time unless the person is the holder of a scientific collector permit, fur
5dealer license, trapping license or resident conservation patron license of current
6issue. No license is required for a person breeding, raising and producing domestic
7fur-bearing animals in captivity as defined in s. 29.579 or
for a person authorized
8to take muskrats on a cranberry marsh under a permit issued to the person by the
9department.
AB514-ASA2, s. 25 10Section 25. 29.41 (2) of the statutes is created to read:
AB514-ASA2,8,1211 29.41 (2) Subsection (1) does not apply to the skins of fur-bearing animals that
12are subject to regulation under ss. 29.853 to 29.871.
AB514-ASA2, s. 26 13Section 26. 29.42 (1) of the statutes is amended to read:
AB514-ASA2,8,1814 29.42 (1) Approval necessary. No person, except a person who is issued a valid
15hunting license, sports license, a conservation patron license, taxidermist permit or
16scientific collector permit and who is carrying this approval on his or her person, may
17possess or have under his or her control any game bird, or game animal or the carcass
18of any game bird or game animal.
AB514-ASA2, s. 27 19Section 27. 29.42 (2) of the statutes is renumbered 29.42 (2) (a) and amended
20to read:
AB514-ASA2,8,2421 29.42 (2) (a) No Except as provided in par. (b), no person, except a person who
22is issued a valid scientific collector permit,
may take, needlessly destroy or possess
23or have under his or her control the nest or eggs of any wild bird for which a closed
24season is prescribed under this chapter.
AB514-ASA2, s. 28 25Section 28. 29.42 (2) (b) of the statutes is created to read:
AB514-ASA2,9,3
129.42 (2) (b) A person who has a valid scientific collector permit may take or
2possess or have under his or her control the nest of a wild bird and may destroy the
3nest if necessary for a scientific purpose.
AB514-ASA2, s. 29 4Section 29. 29.42 (5) of the statutes is created to read:
AB514-ASA2,9,65 29.42 (5) Captive wild animals. This section does not apply to wild animals
6that are subject to regulation under ss. 29.853 to 29.871.
AB514-ASA2, s. 30 7Section 30. 29.425 (title) of the statutes is repealed.
AB514-ASA2, s. 31 8Section 31. 29.425 (1) of the statutes is repealed.
AB514-ASA2, s. 32 9Section 32. 29.425 (2) of the statutes is repealed.
AB514-ASA2, s. 33 10Section 33. 29.425 (3) of the statutes is repealed.
AB514-ASA2, s. 34 11Section 34. 29.425 (4) of the statutes is renumbered 29.42 (1m) and amended
12to read:
AB514-ASA2,9,1713 29.42 (1m) Hunting and trapping. A person who hunts or traps any game
14animal, game bird or fur-bearing animal shall kill the animal it when it is taken and
15make it part of the daily bag or shall release the animal it unless authorized the
16person has the authority to possess
under s. 29.55, 29.572, 29.574, 29.575, 29.578 or
1729.585
ss. 29.853 to 29.871.
AB514-ASA2, s. 35 18Section 35. 29.425 (4m) of the statutes is repealed.
AB514-ASA2, s. 36 19Section 36. 29.425 (5) of the statutes is renumbered 29.42 (5) and amended
20to read:
AB514-ASA2,9,2221 29.42 (5) Penalty. A person who violates this section sub. (1m) shall forfeit not
22less than $100 nor more than $1,000.
AB514-ASA2, s. 37 23Section 37. 29.427 of the statutes is repealed.
AB514-ASA2, s. 38 24Section 38. 29.43 (5) (b) of the statutes, as affected by 1997 Wisconsin Act 27,
25is amended to read:
AB514-ASA2,10,3
129.43 (5) (b) Subsections (1) to (4) do not apply to the possession,
2transportation, delivery or receipt of farm-raised deer or , farm-raised fish or wild
3animals that are subject to regulation under ss. 29.853 to 29.871
.
AB514-ASA2, s. 39 4Section 39. 29.44 (3) of the statutes, as affected by 1997 Wisconsin Act 27, is
5amended to read:
AB514-ASA2,10,86 29.44 (3) Subsection (1) does not apply to the possession, transportation,
7delivery or receipt of farm-raised deer or, farm-raised fish or wild animals that are
8subject to regulation under ss. 29.853 to 29.871
.
AB514-ASA2, s. 40 9Section 40. 29.45 (6) of the statutes is amended to read:
AB514-ASA2,10,1210 29.45 (6) This section does not apply to the transportation of farm-raised deer
11or, farm-raised fish or wild animals that are subject to regulation under ss. 29.853
12to 29.871
.
AB514-ASA2, s. 41 13Section 41. 29.46 (5) of the statutes is amended to read:
AB514-ASA2,10,1814 29.46 (5) Exemption; taxidermists. Subsections (1) to (3) do not apply to a
15person who is issued a valid taxidermist permit and who is transporting , in
16connection with his or her business,
the carcass of a game bird in connection with his
17or her business
or the carcass of a wild bird that is subject to regulation under ss.
1829.853 to 29.871
.
AB514-ASA2, s. 42 19Section 42. 29.49 (3) of the statutes, as affected by 1997 Wisconsin Act 27, is
20amended to read:
AB514-ASA2,10,2321 29.49 (3) Exemption. This section does not apply to the meat from farm-raised
22deer or from farm-raised fish or to meat that is subject to regulation under ss. 29.853
23to 29.871
.
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