AB514: Bill Text

AB514,18,18 (2) Exemption for certain wild animals. A person is exempt from the requirements under sub. (1) if the wild animal that the person propagates is a wild animal that is exempt under s. 22.03 (4) (a) or (b).

AB514,18,20 (3) Exemption for certain institutions. Any of the following is exempt from the licensing requirement under sub. (1):

AB514,18,21 (a) Public zoos or aquariums.

AB514,18,22 (b) Circuses and the Circus World Museum located in Baraboo, Wisconsin.

AB514,18,23 (c) The department.

AB514,18,25 (4) Inapplicability to certain wild animals. This section does not authorize the propagating of environmentally injurious wild animals.

AB514,19,2 22.08 Rehabilitation of wild animals. (1) Prohibition. No person may rehabilitate any wild animal except as authorized under a rehabilitation license.

AB514,19,10 (2) Infirm wild animals. If a wild animal has been exposed to or infected with any contagious or infectious disease, as defined under rules promulgated by the department of agriculture, trade and consumer protection under s. 95.001 (2), or a reportable disease, as designated by the department of natural resources under s. 22.41 (2), the person holding the rehabilitation license shall hold a valid interstate health certificate or a valid certificate of veterinary inspection by a veterinarian certifying that the wild animal is free from any such diseases before releasing it into the wild.

AB514,19,12 (3) Inapplicability to certain wild animals. This section does not authorize the rehabilitation of environmentally injurious wild animals.

AB514,19,17 22.09 Hunting of captive wild animals. (1) Prohibition; generally. No person may hunt a captive wild animal except as authorized under s. 22.36 (5) and under a Class B deer farm license, a bird hunting preserve license, a bird dog training license, a hound dog training license, a dog club training license, a bird dog trial license or a hound dog trial license.

AB514,19,21 (2) Prohibition; commercial hunting. No person may sell or offer to sell or purchase or offer to purchase the opportunity to hunt any wild animal that is or has been captive except as authorized under a Class B deer farm license or a bird hunting preserve license.

AB514,20,2 22.10 Selling and purchasing of live wild animals. (1) Selling. Except as authorized under a captive wild animal farm license, a bird hunting preserve license, a deer farm license, a captive wild animal auction and market license, a falconry license, a wild fur farm license or a nonprofit educational exhibiting license, no person may sell or offer to sell any of the following:

AB514,20,4 (a) Any live native wild animal that is not exempt from the licensing requirement under s. 22.03 (4) (a).

AB514,20,6 (b) Any live nonnative wild animal that is not exempt from the licensing requirement under s. 22.03 (4) (b).

AB514,20,12 (2) Purchasing. (a) Except as provided under par. (b) and except as authorized under a captive wild animal farm license, a bird hunting preserve license, a deer farm license, a bird dog training license, a hound dog training license, a dog club training license, a bird dog trial license, a hound dog trial license, a falconry license, a nonprofit educational exhibiting license or a stocking license, no person may purchase or offer to purchase any of the following:

AB514,20,14 1. Any live native wild animal that is not exempt from the licensing requirement under s. 22.03 (4) (a).

AB514,20,16 2. Any live nonnative wild animal that is not exempt from the licensing requirement under s. 22.03 (4) (b).

AB514,20,19 (b) A nonresident who purchases a live wild animal is exempt from holding a license under this chapter to possess the wild animal if the nonresident possesses the wild animal in this state for not more than 10 days after the date of purchase.

AB514,20,22 (3) Auctions and markets. No person may conduct an auction or market to sell live wild animals except as authorized under a captive wild animal auction and market license.

AB514,20,24 (4) Exemption for certain institutions. Any of the following is exempt from the requirements under subs. (1) and (2):

AB514,20,25 (a) Public zoos or aquariums.

AB514,21,1 (b) Circuses and the Circus World Museum located in Baraboo, Wisconsin.

AB514,21,2 (c) The department.

AB514,21,4 (5) Inapplicability to certain wild animals. (a) This section does not authorize the selling or purchasing of environmentally injurious wild animals.

AB514,21,6 (b) The selling and purchasing of native wild reptiles and native wild amphibians is subject to s. 22.12 and not to this section.

AB514,21,7 (c) The sale of white-tailed deer is subject to s. 22.13 and not to this section.

AB514,21,12 22.11 Inherently dangerous and environmentally injurious wild animals. (1) Inherently dangerous wild animals. (a) The department shall designate by rule cougars and members of the family ursidae as inherently dangerous wild animals and may designate by rule other types of wild animals to be inherently dangerous wild animals.

AB514,21,15 (2) Environmentally injurious wild animals . (a) The department may designate by rule the species of wild animals that are environmentally injurious wild animals.

AB514,21,18 (b) No person may possess, take, propagate, sell, purchase, transfer, exhibit or rehabilitate a live environmentally injurious wild animal unless specifically authorized to do so by the department.

AB514,21,20 (c) No person may introduce, stock or release, or import into this state to introduce, stock or release, any environmentally injurious wild animal.

AB514,21,22 (3) Exemptions. (a) Public zoos and aquariums are exempt from the prohibition under sub. (2) (b).

AB514,21,24 (b) 1. Veterinarians are exempt from the prohibition under sub. (2) (b) for the purpose of providing medical treatment to environmentally injurious wild animals.

AB514,21,25 2. For purposes of subd. 1., "medical treatment" does not include rehabilitation.

AB514,22,4 22.12 Possession and sale of native wild reptiles and wild amphibians. (1) Possession of more than 5 prohibited. No person may take from the wild or possess live native wild reptiles or live native wild amphibians unless the person takes or possesses less than 5 of any subspecies or unless sub. (2) or (3) applies.

AB514,22,8 (2) Possession of more than 5. (a) A person may take from the wild or possess more than 5 leopard frogs, 5 mud puppies, 5 tiger salamanders, 5 snapping turtles or 5 painted turtles if so authorized by the department under a Class A captive wild animal farm license.

AB514,22,12 (b) An authorization under par. (a) for a type of wild reptile or wild amphibian may be subject to a quota established by rule by the department that protects from excessive taking of the population of that wild reptile or wild amphibian from the wild.

AB514,22,16 (c) 1. For any type of native wild reptile or native wild amphibian, other than a wild reptile or wild amphibian subject to par. (a), a person may take from the wild or possess more than 5 of that type of wild reptile or wild amphibian if permission has been granted to the person by the department.

AB514,22,19 2. A request for permission under subd. 1. shall be in writing and shall include the name of the species, the number of wild reptiles or wild amphibians, the location of the proposed taking and the reason for the proposed possession.

AB514,22,23 3. The natural resources board shall create a council under s. 15.04 (1) (c) to review requests for permission under subd. 1. The council shall make recommendations to the department to assist the department in deciding whether it will grant the permission.

AB514,23,3 (3) Possession of frogs. A person using frogs for bait while fishing may take from the wild, possess and kill more than 5 frogs, but may not possess more than 5 of any subspecies of frog for more than 24 hours.

AB514,23,5 (4) Restrictions of sales. No person may sell live native wild reptiles or live native wild amphibians except for the following:

AB514,23,8 (a) Color variants of these wild reptiles and wild amphibians that have been bred in captivity and have coloration that is clearly distinct from the normal morphological color patterns.

AB514,23,11 (b) Snapping turtles, painted turtles, leopard frogs, mud puppies and tiger salamanders that are sold under the authorization of a Class A captive wild animal farm license.

AB514,23,13 (5) Exemption for certain institutions. Any of the following is exempt from the requirements under this section:

AB514,23,14 (a) Public zoos or aquariums.

AB514,23,15 (b) Circuses and the Circus World Museum located in Baraboo, Wisconsin.

AB514,23,16 (c) The department.

AB514,23,19 (6) Exemption for veterinarians. (a) Veterinarians are exempt from subs. (1) and (2) for the purpose of providing medical treatment to native wild reptiles and native wild amphibians.

AB514,23,20 (b) For purposes of par. (a), "medical treatment" does not include rehabilitation.

AB514,23,23 (7) Inapplicability to certain wild animals. This section does not authorize the possessing, taking or selling of reptiles or amphibians that are environmentally injurious wild animals.

AB514,24,3 22.13 Sale and purchase of white-tailed deer for venison. (1) Requirements for live deer. (a) No person may sell a live white-tailed deer to be processed for venison meat or products except as authorized under a Class B deer farm license. No person may sell a live white-tailed deer to be processed for venison meat or products without first attaching a Class B deer farm shipping tag to the body.

AB514,24,5 (b) No person may purchase a live white-tailed deer to be processed for venison meat or products unless all of the following apply:

AB514,24,7 1. The person operates an establishment licensed under s. 97.42 or for which inspection is granted under 9 CFR part 304.

AB514,24,8 2. The person holds a white-tailed deer venison sales license.

AB514,24,10 3. The deer originated from a Class B deer farm and has a Class B deer farm shipping tag attached to its body.

AB514,24,12 (2) Requirements for carcasses. No person may sell venison meat or process venison products from white-tailed deer unless all of the following apply:

AB514,24,14 (a) The person operates an establishment licensed under s. 97.42 or for which inspection is granted under 9 CFR part 304.

AB514,24,15 (b) The person holds a white-tailed deer venison sales license.

AB514,24,16 (c) The white-tailed deer originated from a Class B deer farm.

AB514,24,20 (d) Each individual package of white-tailed deer venison that the person processes and sells contains the license number of the Class B farm from which the white-tailed deer originated and the label clearly states that the venison is from a licensed Class B deer farm.

AB514,24,23 (3) Consumer sales. No person may sell venison from white-tailed deer to a consumer, or purchase such venison for resale to a consumer, unless the venison is labeled as required under sub. (2) (d) and the venison came from one of the following:

AB514,24,25 (a) An establishment licensed under s. 97.42 or for which inspection is granted under 9 CFR part 304.

AB514,25,1 (b) A meat broker or meat distributor registered under s. 97.42.

AB514,25,4 22.14 Carcasses of captive wild animals. (1) Restrictions on sales and purchases. (a) No person may sell the carcass of any captive wild animal unless the seller provides to the purchaser written proof of origin.

AB514,25,7 (b) No person may purchase or possess the carcass of any captive wild animal unless the purchaser maintains written proof of origin during the time the purchaser possesses the carcass.

AB514,25,9 (c) No person may sell or purchase the carcass, except for the hide, of a bear that was a captive wild animal.

AB514,25,12 (d) No person may preserve and mount a carcass of a captive wild animal for consideration unless that person holds a valid taxidermy permit issued under s. 29.136.

AB514,25,17 (2) Tagging requirements for captive wild animal farms. (a) A person killing a wild animal under the authority of a captive wild animal farm license shall tag the carcass in the manner required by the department before removing the carcass from the farm. No person may remove the tag from the carcass except as provided in par. (b).

AB514,25,21 (b) A person acquiring a carcass tagged under par (a) that is to be consumed for food may remove the tag at the time the carcass is prepared for final consumption. The person shall keep the tag in evidence until the carcass is consumed or otherwise disposed of.

AB514,25,24 (c) For purposes of pars. (a) and (b), for the carcasses of wild reptiles and wild amphibians, a person need not tag each carcass, but shall tag each shipment in the manner required by the department.

AB514,26,2 (3) Inapplicability to certain carcasses. (a) Subsections (1) and (2) do not apply to the raw fur or dressed fur of fur-bearing wild animals.

AB514,26,4 (b) Subsection (1) (a) and (b) does not apply to white-tailed deer that is to be processed into venison.

AB514,26,6 (c) The selling, purchasing or possessing of carcasses of endangered or threatened species is subject to s. 29.415 and not to this section.

AB514,26,11 22.15 Captive wild animal farm licenses. (1) Issuance. (a) The department shall issue a Class A captive wild animal farm license to operate a captive wild animal farm that grosses $10,000 or more in annual sales to any qualified person who files a proper application for the license and who pays the applicable fee.

AB514,26,15 (b) The department shall issue a Class B captive wild animal farm license to operate a captive wild animal farm that grosses less than $10,000 in annual sales to any qualified person who files a proper application for the license and who pays the applicable fee.

AB514,26,19 (c) The department shall issue a Class A captive wild animal farm license to any qualified person who files a proper application for the license and who pays the applicable fee to operate a captive wild animal farm that contains more than 5 of any of the following:

AB514,26,20 1. Leopard frogs.

AB514,26,21 2. Mud puppies.

AB514,26,22 3. Tiger salamanders.

AB514,26,23 4. Snapping turtles.

AB514,26,24 5. Painted turtles.

AB514,27,2 (d) The applicant shall specify the location of the enclosures for the wild animals on the application.

AB514,27,7 (2) Authorization. (a) A captive wild animal farm license authorizes the holder of the license to possess, propagate, kill, exhibit, purchase and sell live captive wild animals of the types specified by the department on the license. The department may not include members of the family cervidae in the types of wild animals specified.

AB514,27,9 (b) A captive wild animal farm license authorizes the killing of captive wild animals only by the holder of the license or an employe of the holder of the license.

AB514,27,12 (3) Calculation of annual sales. (a) The calculation of annual sales under sub. (1) and par. (b) shall be based on sales from the prior year that involve live captive wild animals that are any of the following:

AB514,27,13 1. Native wild animals.

AB514,27,14 2. Nonnative wild animals of the family cervidae.

AB514,27,15 3. Inherently dangerous wild animals.

AB514,27,16 4. Endangered or threatened species.