Amendment ASA1-AB514

AB514-ASA1, s. 62 Section 62. 29.65 (1) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB514-ASA1,13,2 29.65 (1) (intro.) The department may bring a civil action in the name of the state for the recovery of damages against any person killing, wounding, catching, taking, trapping or possessing in violation of this chapter or of any rule promulgated under this chapter any of the following named protected wild animals, birds, or fish, or any part of an animal, bird or fish, and the sum assessed for damages for each wild animal, bird, or fish shall be not less than the amount stated in this section:

AB514-ASA1, s. 63 Section 63. 29.853 of the statutes is created to read:

AB514-ASA1,13,5 29.853 Captive wild animals; definitions. In this section and ss. 29.855 to 29.871:

AB514-ASA1,13,7 (1) "Animal" means any mammal or any bird, reptile, amphibian, mollusk or arthropod or egg thereof.

AB514-ASA1,13,8 (2) "Captive" means any of the following:

AB514-ASA1,13,9 (a) Restrained by a cage, pen, fence or other enclosure.

AB514-ASA1,13,11 (b) Restrained by physical alterations that limit movement or facilitate capture.

AB514-ASA1,13,12 (c) Restrained by a leash or a tether or otherwise tied.

AB514-ASA1,13,14 (d) Held in a controlled environment that is designed to prevent the departure from the controlled environment.

AB514-ASA1,13,16 (3) "Domesticated animal" means farm-raised deer or an animal that is listed as a domesticated animal by rule by the department.

AB514-ASA1,13,18 (4) "Exhibit" means to display for the purpose of public viewing, regardless of whether a fee is charged.

AB514-ASA1,13,19 (5) "Possess" means to own, control, restrain, transport or keep.

AB514-ASA1,13,21 (6) "Purchase" means to acquire through a sale or through an exchange for consideration.

AB514-ASA1,13,22 (7) "Sell" means to transfer or exchange for consideration.

AB514-ASA1,13,23 (8) "Take" means to capture, but does not include killing.

AB514-ASA1,13,25 (9) Notwithstanding s. 29.01 (14), "wild animal" means any animal of a wild nature that is normally found in the wild and that is not a domesticated animal.

AB514-ASA1, s. 64 Section 64. 29.855 of the statutes is created to read:

AB514-ASA1,14,5 29.855 Regulation of captive wild animals. (1) Scope and applicability. The department shall promulgate rules establishing the scope and applicability of regulations regarding captive wild animals. The rules shall include all of the following:

AB514-ASA1,14,6 (a) Determination of the wild animals subject to regulation.

AB514-ASA1,14,8 (b) Applicability of the rules to individuals, classes of individuals, organizations, local governmental units and state agencies.

AB514-ASA1,14,9 (c) Provisions for variances and exceptions from regulation.

AB514-ASA1,14,11 (d) Provisions for cooperative regulation with the department of agriculture, trade and consumer protection.

AB514-ASA1,14,12 (e) Requirements for meeting standards established by federal law.

AB514-ASA1,14,15 (2) Possession of captive wild animals. The department shall promulgate rules applicable to possessing captive wild animals. The rules shall include all of the following:

AB514-ASA1,14,17 (a) Prohibition against possessing wild animals without a license or without specific authority granted by rules promulgated under this section.

AB514-ASA1,14,18 (b) Provisions regarding how wild animals may be obtained.

AB514-ASA1,14,19 (c) Requirements for segregating wild animals and domesticated animals.

AB514-ASA1,14,20 (d) Authority for temporarily possessing wild animals.

AB514-ASA1,14,23 (e) Restrictions applicable to diseased wild animals and wild animals exposed to disease, including quarantine requirements, health certifications prior to movement or release and other restrictions on movement.

AB514-ASA1,14,24 (f) Standards for the humane care and housing of wild animals.

AB514-ASA1,15,2 (g) Tagging and marking requirements for wild animals and the carcasses of wild animals.

AB514-ASA1,15,4 (h) Conditions for possessing wild animals under the authority of another state, province or country.

AB514-ASA1,15,6 (i) Authority and standards for and limitations on the propagation, introduction, stocking and release of wild animals.

AB514-ASA1, s. 65 Section 65. 29.857 of the statutes is created to read:

AB514-ASA1,15,10 29.857 Licenses for captive wild animals. The department shall promulgate rules establishing requirements for the licensing of persons who possess wild animals. The rules shall include all of the following:

AB514-ASA1,15,12 (1) A system of licenses based on the type of wild animal being possessed and the authorized purpose for possessing the wild animal.

AB514-ASA1,15,14 (2) Qualifications of the individual or organization required in order to possess the wild animal.

AB514-ASA1,15,15 (3) Actions authorized by a license and limitations on a license.

AB514-ASA1,15,17 (4) Provisions for variances and exemptions from licenses and for temporary licenses.

AB514-ASA1,15,19 (5) For individuals, specific requirements based on their age and whether they are residents.

AB514-ASA1,15,20 (6) Requirements for record keeping and reports.

AB514-ASA1,15,21 (7) Duration of licenses.

AB514-ASA1,15,22 (8) Fees.

AB514-ASA1, s. 66 Section 66. 29.859 of the statutes is created to read:

AB514-ASA1,16,2 29.859 Selling and purchasing wild animals. The department shall promulgate rules establishing requirements applicable to selling and purchasing wild animals and the carcasses of wild animals. The rules shall include all of the following:

AB514-ASA1,16,4 (1) Specification of the persons or license holders who are authorized to sell or purchase wild animals.

AB514-ASA1,16,5 (2) Regulations that are applicable to auctions and markets.

AB514-ASA1,16,6 (3) Tagging and labeling requirements.

AB514-ASA1,16,7 (4) Inspection requirements.

AB514-ASA1, s. 67 Section 67. 29.861 of the statutes is created to read:

AB514-ASA1,16,11 29.861 Hunting of captive wild animals. (1) Prohibition; generally. No person may hunt a captive wild animal except as authorized by rule by the department.

AB514-ASA1,16,14 (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 by rule by the department.

AB514-ASA1, s. 68 Section 68. 29.863 of the statutes is created to read:

AB514-ASA1,16,20 29.863 Endangered and threatened species. No person may take from the wild, introduce, stock, release into the wild, exhibit, propagate, rehabilitate, hunt, trap, kill, sell, purchase, transfer or engage in any other activity related to a live wild animal that is a threatened or endangered species unless the person is in compliance with s. 29.415.

AB514-ASA1, s. 69 Section 69. 29.865 of the statutes is created to read:

AB514-ASA1,17,2 29.865 Damages for taking wild animals. A person who hunts, traps, kills or takes from the wild a wild animal subject to this chapter on land subject to a license issued under s. 29.857 without the permission of the license holder or of the holder's employe or agent is liable to the license holder for any damage that the person causes to any wild animal that is subject to the license or to any property or land that is subject to the license.

AB514-ASA1, s. 70 Section 70. 29.867 of the statutes is created to read:

AB514-ASA1,17,8 29.867 Local ordinances. (1) Strict conformity; exception. (a) A city, village, town or county may enact and enforce an ordinance relating to possessing or selling live wild animals. Except as provided in par. (b), the ordinance shall be in strict conformity with ss. 29.853 to 29.871 and the rules promulgated under ss. 29.853 to 29.871.

AB514-ASA1,17,9 (b) An ordinance enacted under this section may do any of the following:

AB514-ASA1,17,11 1. Prohibit any person or certain groups of persons from possessing certain types of live captive wild animals.

AB514-ASA1,17,13 2. Prohibit any person or certain groups of persons from selling certain types of live captive wild animals.

AB514-ASA1,17,25 (2) Department approval. The department shall review and shall approve or disapprove any ordinance proposed to be enacted under sub. (1) (b). The department shall disapprove a proposed ordinance if it determines that the ordinance fails to comply with the requirements under sub. (1). The city, village, town or county clerk shall submit the proposed ordinance in writing to the department at least 60 days before final action on the ordinance by the city, village, town or county. No later than 20 days after receipt by the department of the proposed ordinance, the department shall notify the clerk of the city, village, town or county in writing of the department's decision whether to approve or disapprove the ordinance. If the department disapproves the proposed ordinance, the written notification shall include a written decision giving the grounds for the disapproval and suggesting any changes in the ordinance that would result in the ordinance being approved by the department.

AB514-ASA1, s. 71 Section 71. 29.869 of the statutes is created to read:

AB514-ASA1,18,6 29.869 Seizure of captive wild animals. The department may determine by rule the conditions under which the department will seize captive wild animals, including any wild animal involved in a violation of ss. 29.853 to 29.871 or any rule promulgated under ss. 29.853 to 29.871, a dead or diseased wild animal, an escaped wild animal or a wild animal held in an inhumane manner.

AB514-ASA1, s. 72 Section 72. 29.871 of the statutes is created to read:

AB514-ASA1,18,12 29.871 Inspections. (1) Departmental authority. For purposes of enforcing ss. 29.853 to 29.869 and the rules promulgated under ss. 29.853 to 29.869, a conservation warden or representative of the department, upon presenting his or her credentials to a person who possesses or has possessed wild animals, may do any of the following:

AB514-ASA1,18,15 (a) Enter and inspect any land, vehicle, building or other structure where live wild animals are possessed or have been possessed or where carcasses of wild animals are possessed or have been possessed.

AB514-ASA1,18,17 (b) Inspect any equipment, materials or other activities related to the wild animals.

AB514-ASA1,18,19 (c) Gain access to and inspect any records concerning the wild animals required to be kept.

AB514-ASA1,18,23 (d) Investigate and inspect any wild animal or any other animal to be introduced, stocked or released into the wild. Inspection under sub. (1) (d) may include the removal of reasonable diagnostic samples from wild animals for biological examination.

AB514-ASA1,18,25 (2) Times for inspections. An inspection authorized under sub. (1) or (4) may be conducted during any of the following times:

AB514-ASA1,19,1 (a) Normal business hours.

AB514-ASA1,19,3 (b) During the time that the person who possesses or has possessed wild animals is conducting business.

AB514-ASA1,19,4 (c) At any time, if the inspection is necessary for public health, safety or welfare.

AB514-ASA1,19,8 (3) Prohibiting inspections. No person holding a license issued under s. 29.855, 29.857 or 29.859 or an operator of a vehicle for such a person, or employe or person acting on behalf of such a person, may prohibit entry as authorized under this section unless a court restrains or enjoins the entry or inspection.

AB514-ASA1,19,11 (4) Inspections of introduced or stocked animals. Only persons determined by the department to be experienced in wildlife disease may remove diagnostic samples and diagnose diseases under sub. (1) (d).

AB514-ASA1,19,14 (5) Taxidermists. For an inspection of a taxidermist's place of business, this section does not apply and the department shall conduct the inspection as authorized under s. 29.136 (7).

AB514-ASA1, s. 73 Section 73. 29.99 (9g) of the statutes is created to read:

AB514-ASA1,19,18 29.99 (9g) For the violation of any quarantine requirement promulgated under s. 29.855 (2) (e) or any quarantine order issued by the department, by a forfeiture of not more than $1,000.

AB514-ASA1, s. 74 Section 74. 895.57 (3) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB514-ASA1,20,2 895.57 (3) Subsection (2) does not apply to any humane officer, local health officer, peace officer, employe of the department of natural resources while on any land licensed under s. 29.573, 29.574, 29.575 or 29.578 29.857 or designated as a wildlife refuge under s. 29.57 (1) or employe of the department of agriculture, trade and consumer protection if the officer's or employe's acts are in good faith and in an apparently authorized and reasonable fulfillment of his or her duties.

AB514-ASA1, s. 75 Section 75. 943.75 (3) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB514-ASA1,20,12 943.75 (3) Subsection (2) does not apply to any humane officer, local health officer, peace officer, employe of the department of natural resources while on any land licensed under s. 29.573, 29.574, 29.575 or 29.578 29.857 or designated as a wildlife refuge under s. 29.57 (1) or employe of the department of agriculture, trade and consumer protection if the officer's or employe's acts are in good faith and in an apparently authorized and reasonable fulfillment of his or her duties. This subsection does not limit any other person from claiming the defense of privilege under s. 939.45 (3).

AB514-ASA1, s. 76 Section 76. 951.01 (1m) of the statutes is created to read:

AB514-ASA1,20,14 951.01 (1m) "Conservation warden" means a warden appointed under s. 23.10.

AB514-ASA1, s. 77 Section 77. 951.015 of the statutes is amended to read:

AB514-ASA1,20,21 951.015 Construction and application. This chapter shall not be interpreted as controverting any law regulating wild animals subject to regulation under ss. 29.853 to 29.871, the taking of game as defined in s. 29.01 (4) to (7) and (10), the trapping of wild animals, the use of live animals in dog trials or in the training of hunting dogs under ch. 29, or the slaughter of animals by persons acting under state or federal law.

AB514-ASA1, s. 78 Section 78. 951.09 of the statutes is amended to read: