Amendment ASA2-AB514

AB514-ASA2, s. 19 Section 19. 29.136 (4) of the statutes is amended to read:

AB514-ASA2,7,8 29.136 (4) Authorization. Subject to this section and rules promulgated under this section, a taxidermist permit authorizes the permit holder to possess and transport wild animals or carcasses of wild animals in connection with his or her business. This authority supersedes restrictions on the possession and transportation of wild animals and carcasses regardless of bag limits, rest days, closed seasons and similar restrictions, notwithstanding s. 29.174 and rules promulgated by the department under that section carcasses of wild animals under this chapter and under any rules promulgated under this chapter. Subject to this section and rules promulgated under this section, a taxidermist permit entitles the permit holder to the same privileges as a Class A fur dealer's license.

AB514-ASA2, s. 20 Section 20. 29.245 (5) (b) 3. of the statutes is amended to read:

AB514-ASA2,7,13 29.245 (5) (b) 3. To a person who possesses a flashlight or who uses a flashlight while if the person is on foot and training a dog to track or hunt raccoons, foxes or other unprotected wild animals and if the raccoons, foxes or other wild animals are not subject to regulation under ss. 29.853 to 29.871.

AB514-ASA2, s. 21 Section 21. 29.255 of the statutes is repealed.

AB514-ASA2, s. 22 Section 22. 29.40 (2) of the statutes is amended to read:

AB514-ASA2,7,21 29.40 (2) Deer tags. Except as provided under sub. (5) and s. 29.405 (3), any person who kills a deer shall immediately attach to the ear or antler of the deer a current validated deer carcass tag which is authorized for use on the type of deer killed. Except as provided under sub. (2m) or s. 29.578 (7), (8) or (14), no person may possess, control, store or transport a deer carcass unless it is tagged as required under this subsection.

AB514-ASA2, s. 23 Section 23. 29.40 (6) of the statutes is amended to read:

AB514-ASA2,7,24 29.40 (6) (title) Farm-raised deer Deer. This section does not apply to farm-raised deer or deer that are subject to regulation under ss. 29.853 to 29.871.

AB514-ASA2, s. 24 Section 24. 29.41 of the statutes is renumbered 29.41 (1), and 29.41 (1) (c), as renumbered, is amended to read:

AB514-ASA2,8,9 29.41 (1) (c) Possess the raw skin of any muskrat, mink, otter, fisher or pine marten at any time unless the person is the holder of a scientific collector permit, fur dealer license, trapping license or resident conservation patron license of current issue. No license is required for a person breeding, raising and producing domestic fur-bearing animals in captivity as defined in s. 29.579 or for a person authorized to take muskrats on a cranberry marsh under a permit issued to the person by the department.

AB514-ASA2, s. 25 Section 25. 29.41 (2) of the statutes is created to read:

AB514-ASA2,8,12 29.41 (2) Subsection (1) does not apply to the skins of fur-bearing animals that are subject to regulation under ss. 29.853 to 29.871.

AB514-ASA2, s. 26 Section 26. 29.42 (1) of the statutes is amended to read:

AB514-ASA2,8,18 29.42 (1) Approval necessary. No person, except a person who is issued a valid hunting license, sports license, a conservation patron license, taxidermist permit or scientific collector permit and who is carrying this approval on his or her person, may possess or have under his or her control any game bird, or game animal or the carcass of any game bird or game animal.

AB514-ASA2, s. 27 Section 27. 29.42 (2) of the statutes is renumbered 29.42 (2) (a) and amended to read:

AB514-ASA2,8,24 29.42 (2) (a) No Except as provided in par. (b), no person, except a person who is issued a valid scientific collector permit, may take, needlessly destroy or possess or have under his or her control the nest or eggs of any wild bird for which a closed season is prescribed under this chapter.

AB514-ASA2, s. 28 Section 28. 29.42 (2) (b) of the statutes is created to read:

AB514-ASA2,9,3 29.42 (2) (b) A person who has a valid scientific collector permit may take or possess or have under his or her control the nest of a wild bird and may destroy the nest if necessary for a scientific purpose.

AB514-ASA2, s. 29 Section 29. 29.42 (5) of the statutes is created to read:

AB514-ASA2,9,6 29.42 (5) Captive wild animals. This section does not apply to wild animals that are subject to regulation under ss. 29.853 to 29.871.

AB514-ASA2, s. 30 Section 30. 29.425 (title) of the statutes is repealed.

AB514-ASA2, s. 31 Section 31. 29.425 (1) of the statutes is repealed.

AB514-ASA2, s. 32 Section 32. 29.425 (2) of the statutes is repealed.

AB514-ASA2, s. 33 Section 33. 29.425 (3) of the statutes is repealed.

AB514-ASA2, s. 34 Section 34. 29.425 (4) of the statutes is renumbered 29.42 (1m) and amended to read:

AB514-ASA2,9,17 29.42 (1m) Hunting and trapping. A person who hunts or traps any game animal, game bird or fur-bearing animal shall kill the animal it when it is taken and make it part of the daily bag or shall release the animal it unless authorized the person has the authority to possess under s. 29.55, 29.572, 29.574, 29.575, 29.578 or 29.585 ss. 29.853 to 29.871.

AB514-ASA2, s. 35 Section 35. 29.425 (4m) of the statutes is repealed.

AB514-ASA2, s. 36 Section 36. 29.425 (5) of the statutes is renumbered 29.42 (5) and amended to read:

AB514-ASA2,9,22 29.42 (5) Penalty. A person who violates this section sub. (1m) shall forfeit not less than $100 nor more than $1,000.

AB514-ASA2, s. 37 Section 37. 29.427 of the statutes is repealed.

AB514-ASA2, s. 38 Section 38. 29.43 (5) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB514-ASA2,10,3 29.43 (5) (b) Subsections (1) to (4) do not apply to the possession, transportation, delivery or receipt of farm-raised deer or , farm-raised fish or wild animals that are subject to regulation under ss. 29.853 to 29.871.

AB514-ASA2, s. 39 Section 39. 29.44 (3) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB514-ASA2,10,8 29.44 (3) Subsection (1) does not apply to the possession, transportation, delivery or receipt of farm-raised deer or, farm-raised fish or wild animals that are subject to regulation under ss. 29.853 to 29.871.

AB514-ASA2, s. 40 Section 40. 29.45 (6) of the statutes is amended to read:

AB514-ASA2,10,12 29.45 (6) This section does not apply to the transportation of farm-raised deer or, farm-raised fish or wild animals that are subject to regulation under ss. 29.853 to 29.871.

AB514-ASA2, s. 41 Section 41. 29.46 (5) of the statutes is amended to read:

AB514-ASA2,10,18 29.46 (5) Exemption; taxidermists. Subsections (1) to (3) do not apply to a person who is issued a valid taxidermist permit and who is transporting , in connection with his or her business, the carcass of a game bird in connection with his or her business or the carcass of a wild bird that is subject to regulation under ss. 29.853 to 29.871.

AB514-ASA2, s. 42 Section 42. 29.49 (3) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB514-ASA2,10,23 29.49 (3) Exemption. This section does not apply to the meat from farm-raised deer or from farm-raised fish or to meat that is subject to regulation under ss. 29.853 to 29.871.

AB514-ASA2, s. 43 Section 43. 29.535 of the statutes, as affected by 1997 Wisconsin Act 27, is repealed.

AB514-ASA2, s. 44 Section 44. 29.54 (title) of the statutes is amended to read:

AB514-ASA2,11,3 29.54 (title) State propagation of wild mammals and Food in the wild for game birds.

AB514-ASA2, s. 45 Section 45. 29.54 (1) of the statutes is repealed.

AB514-ASA2, s. 46 Section 46. 29.54 (2) of the statutes is renumbered 29.54.

AB514-ASA2, s. 47 Section 47. 29.55 of the statutes, as affected by 1997 Wisconsin Act 27, is repealed.

AB514-ASA2, s. 48 Section 48. 29.565 of the statutes is repealed.

AB514-ASA2, s. 49 Section 49. 29.572 of the statutes, as affected by 1997 Wisconsin Act 27, is repealed.

AB514-ASA2, s. 50 Section 50. 29.573 of the statutes is repealed.

AB514-ASA2, s. 51 Section 51. 29.574 of the statutes is repealed.

AB514-ASA2, s. 52 Section 52. 29.575 of the statutes is repealed.

AB514-ASA2, s. 53 Section 53. 29.578 of the statutes, as affected by 1997 Wisconsin Act 35, is repealed.

AB514-ASA2, s. 54 Section 54. 29.579 of the statutes is repealed.

AB514-ASA2, s. 55 Section 55. 29.583 (1) of the statutes is amended to read:

AB514-ASA2,11,22 29.583 (1) The department may seize and dispose of or may authorize the disposal of any deer that has escaped from land licensed under s. 29.574 or 29.578 29.857 or owned by a person registered under s. 95.55 if the escaped deer has traveled more than 3 miles from the land or if the licensee or person has not had the deer returned to the land within 72 hours of the discovery of the escape.

AB514-ASA2, s. 56 Section 56. 29.585 of the statutes, as affected by 1997 Wisconsin Act 27, is repealed.

AB514-ASA2, s. 57 Section 57. 29.586 of the statutes is repealed.

AB514-ASA2, s. 58 Section 58. 29.59 (1) (f) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB514-ASA2,12,6 29.59 (1) (f) Notwithstanding s. 29.01 (14), "wild animal" means any undomesticated mammal or bird, but does not include farm-raised deer or, farm-raised fish or wild animals that are subject to regulation under ss. 29.853 to 29.871.

AB514-ASA2, s. 59 Section 59. 29.598 (1) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB514-ASA2,12,11 29.598 (1) Definition. (intro.) In this section, "wildlife damage" means damage caused by any of the following wild animals that are not subject to regulation under ss. 29.853 to 29.871:

AB514-ASA2, s. 60 Section 60. 29.605 of the statutes is repealed.

AB514-ASA2, s. 61 Section 61. 29.645 of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB514-ASA2,12,19 29.645 Larceny of game. A person who, without permission of the owner, molests, disturbs or appropriates any wild animal or its carcass that has been lawfully reduced to possession by another shall forfeit not less than $1,000 nor more than $2,000. This section does not apply to farm-raised deer or, to farm-raised fish or to wild animals that are subject to regulation under ss. 29.853 to 29.871.

AB514-ASA2, s. 62 Section 62. 29.65 (1) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB514-ASA2,13,2 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-ASA2, s. 63 Section 63. 29.853 of the statutes is created to read:

AB514-ASA2,13,5 29.853 Captive wild animals; definitions. In this section and ss. 29.855 to 29.871:

AB514-ASA2,13,7 (1) "Animal" means any mammal or any bird, reptile, amphibian, mollusk or arthropod or egg thereof.

AB514-ASA2,13,8 (2) "Captive" means any of the following:

AB514-ASA2,13,9 (a) Restrained by a cage, pen, fence or other enclosure.

AB514-ASA2,13,11 (b) Restrained by physical alterations that limit movement or facilitate capture.

AB514-ASA2,13,12 (c) Restrained by a leash or a tether or otherwise tied.

AB514-ASA2,13,14 (d) Held in a controlled environment that is designed to prevent the departure from the controlled environment.

AB514-ASA2,13,16 (3) "Domesticated animal" means farm-raised deer or an animal that is listed as a domesticated animal by rule by the department.

AB514-ASA2,13,18 (4) "Exhibit" means to display for the purpose of public viewing, regardless of whether a fee is charged.

AB514-ASA2,13,19 (5) "Possess" means to own, control, restrain, transport or keep.

AB514-ASA2,13,21 (6) "Purchase" means to acquire through a sale or through an exchange for consideration.

AB514-ASA2,13,22 (7) "Sell" means to transfer or exchange for consideration.

AB514-ASA2,13,23 (8) "Take" means to capture, but does not include killing.

AB514-ASA2,13,25 (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-ASA2, s. 64 Section 64. 29.855 of the statutes is created to read:

AB514-ASA2,14,5 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-ASA2,14,6 (a) Determination of the wild animals subject to regulation.

AB514-ASA2,14,8 (b) Applicability of the rules to individuals, classes of individuals, organizations, local governmental units and state agencies.

AB514-ASA2,14,9 (c) Provisions for variances and exceptions from regulation.

AB514-ASA2,14,11 (d) Provisions for cooperative regulation with the department of agriculture, trade and consumer protection.

AB514-ASA2,14,12 (e) Requirements for meeting standards established by federal law.