AB972: Bill Text

LRB-3487/1

RPN:jld:rs

2003 - 2004 LEGISLATURE

2003 Assembly BILL 972

March 11, 2004 - Introduced by Representative Johnsrud, by request of Department of Natural Resources. Referred to Committee on Rules.

AB972,1,4 An Act to repeal 29.357 (2) and (3); to amend 29.351 (1) (b), 29.357 (5) (a) and (b) and 29.539 (4); and to create 29.351 (3), 29.357 (5) (c) and 29.539 (7) of the statutes; relating to: sale of lawfully caught wild animals or parts of wild animals during a closed season.

Analysis by the Legislative Reference Bureau

Under current law, it is unlawful to possess or control green skin of a wild animal from the fifth day after the beginning of the closed season for that animal until the end of the closed season. This bill exempts from that prohibition a person's possession or control of a lawfully killed fur-bearing animal that has a valid registration tag from the Department of Natural Resources (DNR) or for which an open season without bag or possession limits is established, and for a beaver, coyote, fox, raccoon, woodchuck, rabbit or squirrel legally shot or trapped by the owner of land.

Current law prohibits a person, except taxidermists, from carrying a wild animal or wild animal carcass in a package or enclosure. That prohibition currently does not apply to the possession or control of farm-raised deer. This bill removes that prohibition for a lawfully killed fur-bearing animal that has a valid registration tag from DNR or for which an open season without bag or possession limits is established, and for a beaver, coyote, fox, raccoon, woodchuck, rabbit or squirrel legally shot or trapped by the owner of land.

Currently, no one may sell, barter, or trade a deer, except farm-raised deer, bear, elk, squirrel, or the carcass of one of those wild animals at any time, or the carcass of any wild animal during the closed season for that wild animal. The tails and skin of a squirrel are currently exempt from this prohibition. This bill allows a person to sell, barter, or trade a lawfully killed fur-bearing animal that has a valid registration tag from DNR or for which an open season without bag or possession limits is established. The bill also allows the sale, barter, or trade of the claws and skulls of squirrels and the liquid scents made from the carcasses of a lawfully taken wild animal, except from bear gallbladders.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB972, s. 1 Section 1. 29.351 (1) (b) of the statutes is amended to read:

AB972,2,4 29.351 (1) (b) Possess or control the green skin of any fur-bearing animal, except beaver, from the 5th day after the beginning of the closed season for that animal until the end of that closed season.

AB972, s. 2 Section 2. 29.351 (3) of the statutes is created to read:

AB972,2,6 29.351 (3) The prohibition in sub. (1) (b) does not apply to any of the following:

AB972,2,8 (a) A lawfully killed fur-bearing animal that has a valid registration tag attached to it by the department.

AB972,2,9 (b) A fur-bearing animal taken under the authority of s. 29.337.

AB972,2,11 (c) A lawfully killed fur-bearing animal for which an open season without bag or possession limits is established by rule.

AB972, s. 3 Section 3. 29.357 (2) and (3) of the statutes are repealed.

AB972, s. 4 Section 4. 29.357 (5) (a) and (b) of the statutes are amended to read:

AB972,2,17 29.357 (5) (a) Subsections (1) to and (4) do not apply to a person who has a valid taxidermist permit and who possesses, transports, causes to be transported, delivers or receives, or offers to deliver or receive, a wild animal carcass in connection with his or her business.

AB972,3,3 (b) Subsections (1) to and (4) do not apply to the possession, transportation, delivery or receipt of farm-raised deer, farm-raised fish, farm-raised game birds, or wild animals that are subject to regulation under ch. 169.

AB972, s. 5 Section 5. 29.357 (5) (c) of the statutes is created to read:

AB972,3,7 29.357 (5) (c) Subsections (1) and (4) do not apply to the possession, transportation, delivery, or receipt of wild animals or carcasses listed in s. 29.351 (3) or 29.539 (7).

AB972, s. 6 Section 6. 29.539 (4) of the statutes is amended to read:

AB972,3,10 29.539 (4) The tails, claws, skulls, and skin of any squirrel lawfully killed, when severed from the rest of the carcass are exempted from this section.

AB972, s. 7 Section 7. 29.539 (7) of the statutes is created to read:

AB972,3,12 29.539 (7) The prohibitions under sub. (1) do not apply to any of the following:

AB972,3,13 (a) Wild rabbits taken under the authority of s. 29.337 or 29.885.

AB972,3,15 (b) The carcass of a fur-bearing animal that has a valid registration tag attached by the department.

AB972,3,17 (c) Liquid scents made from the carcass of a lawfully taken wild animal, except from bear gallbladders.

AB972,3,19 (d) The carcass of a lawfully killed wild animal not listed in sub. (1) (a) 1. for which an open season without bag or possession limits is established by rule.

AB972,3,20 (End)