AB514: Bill Text Engrossed

AB514-engrossed,9,7 9. Porcupines.

AB514-engrossed,9,8 10. Rats.

AB514-engrossed,9,9 11. Shrews.

AB514-engrossed,9,10 12. English sparrows.

AB514-engrossed,9,11 13. Starlings.

AB514-engrossed,9,12 14. Ground squirrels.

AB514-engrossed,9,13 15. Red squirrels.

AB514-engrossed,9,14 16. Voles.

AB514-engrossed,9,15 17. Weasels.

AB514-engrossed,9,18 (b) A person is exempt from any licensing requirement under sub. (1) (b) for live nonnative wild animals that are not endangered or threatened species, except for any of the following:

AB514-engrossed,9,22 1. Pheasants of the species Phasianus colchicus or Syrmaticus reevesii, chukar partridge or gray partridge that are possessed for the purpose of hunting under a bird hunting preserve license, a dog training license, a hound training license, a dog club training license, a dog trial license or a hound trial license.

AB514-engrossed,9,23 2. Nonnative wild animals of the family anatidae or of the family cervidae.

AB514-engrossed,9,24 3. Nonnative wild animals that are inherently dangerous wild animals.

AB514-engrossed,10,2 (5) Exemption for certain persons and institutions. (a) Any of the following is exempt from any licensing requirement under sub. (1) (b):

AB514-engrossed,10,4 1. Veterinarians, for the purpose of providing medical treatment to wild animals.

AB514-engrossed,10,5 2. Public zoos or aquariums.

AB514-engrossed,10,6 3. Circuses and the Circus World Museum located in Baraboo, Wisconsin.

AB514-engrossed,10,7 4. The department.

AB514-engrossed,10,9 (b) For purposes of par. (a) 1., "medical treatment" does not include rehabilitation.

AB514-engrossed,10,11 (6) Inapplicability to certain wild animals. (a) This section does not authorize the possession of environmentally injurious wild animals.

AB514-engrossed,10,13 (b) The possession of native wild reptiles and native wild amphibians is subject to s. 22.12 and not to this section.

AB514-engrossed,10,16 22.04 Taking of wild animals. (1) Prohibition. No person may take any wild animal from the wild except as authorized under a wild fur farm license, a falconry license, a rehabilitation license or a scientific research license.

AB514-engrossed,10,19 (2) Exemption for certain wild animals. A person is exempt from the requirement under sub. (1) if the wild animal that the person takes from the wild is a native wild animal that is exempt under s. 22.03 (4) (a).

AB514-engrossed,10,21 (3) Exemption for certain persons and institutions. (a) Any of the following is exempt from the licensing requirement under sub. (1):

AB514-engrossed,10,23 1. Veterinarians, for the purpose of providing medical treatment to wild animals.

AB514-engrossed,10,24 2. The department.

AB514-engrossed,11,2 (b) For purposes of par. (a) 1., "medical treatment" does not include rehabilitation.

AB514-engrossed,11,4 (4) Inapplicability to certain wild animals. (a) This section does not authorize the taking of environmentally injurious wild animals.

AB514-engrossed,11,6 (b) The taking of native wild reptiles and native wild amphibians is subject to s. 22.12 and not to this section.

AB514-engrossed,11,13 22.05 Introduction, stocking and release of wild animals. (1) Prohibition; persons other than the department. (a) No person may introduce, stock or release into the wild, or import into this state to introduce, stock or release into the wild, any wild animal except as authorized under 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, a hound dog trial license, a falconry license, a stocking license, a rehabilitation license or a scientific research license.

AB514-engrossed,11,17 (b) No person may introduce, stock or release into the wild, or import into this state for introducing, stocking or releasing into the wild, any wild animal unless the department has given its authorization under par. (c) and the person has complied with the requirements under par. (d).

AB514-engrossed,11,21 (c) The department may authorize the introducing, stocking, releasing into the wild or importing of a species of wild animal only if the department has determined that it is not an environmentally injurious wild animal and that it will not be detrimental in any manner to the conservation of the natural resources of this state.

AB514-engrossed,11,23 (d) Introducing, stocking or releasing a wild animal under this section is subject to all of the following requirements:

AB514-engrossed,12,6 1. 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 introducing, stocking or releasing the wild animal shall hold a valid interstate health certificate or a valid certificate of veterinary inspection issued by a veterinarian certifying that the wild animal is free of any such diseases before the introducing, stocking or release.

AB514-engrossed,12,9 2. A person introducing, stocking or releasing wild birds under the authority of a stocking license, a bird hunting preserve license, a bird dog training license or a bird dog trial license may only introduce, stock or release wild birds that:

AB514-engrossed,12,12 a. Have originated, within 365 days before the introducing, stocking or release, from a flock that meets the requirements under subd. 3. and that have had contact with only captive birds that meet these requirements.

AB514-engrossed,12,14 b. That, within 30 days before the introducing, stocking or release, comply with any rules promulgated by the department under s. 22.41 (3).

AB514-engrossed,12,17 3. Wild birds that are introduced, stocked or released under subd. 2. shall originate from a flock of a person participating in the national poultry improvement plan under 9 CFR part 145.

AB514-engrossed,12,22 (1m) Reports. At the request of a local official in an area in which wild animals are introduced, stocked or released under sub. (1), the department shall require a person who introduced, stocked or released those wild animals to report to the local official the number and type of wild animals introduced, stocked or released and the location at which the animals were introduced, stocked or released.

AB514-engrossed,13,2 (2) By the department. The department may import into this state to introduce, stock or release into the wild, may introduce, stock or release into the wild, or may authorize introducing, stocking or releasing into the wild, a wild animal without holding a license as required under sub. (1) (a).

AB514-engrossed,13,4 (3) Exemption. This section does not apply to wild animals that are released into the wild after being accidentally trapped or confined.

AB514-engrossed,13,10 22.06 Exhibition of live wild animals. (1) Prohibition. (a) No person may exhibit any captive live native wild animal or any captive live nonnative wild animal of the family ursidae or cervidae except as authorized under a captive wild animal farm license, a deer farm license, a falconry license, a rehabilitation license, a nonprofit educational exhibiting license, a nonresident temporary exhibiting license or a captive wild animal auction and market license.

AB514-engrossed,13,14 (b) If a person exhibits a wild animal subject to par. (a) under the authority of a captive wild animal farm license, a deer farm license, a falconry license or a rehabilitation license, the person may exhibit only those types of wild animals that are specified by the department on the license.

AB514-engrossed,13,17 (2) Exemption for certain wild animals. A person is exempt from the requirements under sub. (1) if the wild animal that the person exhibits is a wild animal that is exempt under s. 22.03 (4) (a) or (b).

AB514-engrossed,13,19 (3) Exemption for certain institutions. Any of the following is exempt from the licensing requirement under sub. (1):

AB514-engrossed,13,20 (a) Public zoos or aquariums.

AB514-engrossed,13,21 (b) Circuses and the Circus World Museum located in Baraboo, Wisconsin.

AB514-engrossed,13,22 (c) The department.

AB514-engrossed,13,24 (4) Inapplicability to certain wild animals. This section does not authorize the exhibiting of environmentally injurious wild animals.

AB514-engrossed,14,5 22.07 Propagation of wild animals. (1) Prohibition. No person may propagate any native wild animal or any nonnative wild animal of the family ursidae or cervidae except as authorized under a captive wild animal farm license, a deer farm license, a bird hunting preserve license, a wild fur farm license, a nonprofit educational exhibiting license, a scientific research license or a falconry license.

AB514-engrossed,14,8 (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-engrossed,14,10 (3) Exemption for certain institutions. Any of the following is exempt from the licensing requirement under sub. (1):

AB514-engrossed,14,11 (a) Public zoos or aquariums.

AB514-engrossed,14,12 (b) Circuses and the Circus World Museum located in Baraboo, Wisconsin.

AB514-engrossed,14,13 (c) The department.

AB514-engrossed,14,15 (4) Inapplicability to certain wild animals. This section does not authorize the propagating of environmentally injurious wild animals.

AB514-engrossed,14,20 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 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-engrossed,14,24 (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 deer farm license or a bird hunting preserve license.

AB514-engrossed,15,5 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-engrossed,15,7 (a) Any live native wild animal that is not exempt from the licensing requirement under s. 22.03 (4) (a).

AB514-engrossed,15,9 (b) Any live nonnative wild animal that is not exempt from the licensing requirement under s. 22.03 (4) (b).

AB514-engrossed,15,15 (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-engrossed,15,17 1. Any live native wild animal that is not exempt from the licensing requirement under s. 22.03 (4) (a).

AB514-engrossed,15,19 2. Any live nonnative wild animal that is not exempt from the licensing requirement under s. 22.03 (4) (b).

AB514-engrossed,15,22 (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-engrossed,15,25 (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-engrossed,16,2 (4) Exemption for certain institutions. Any of the following is exempt from the requirements under subs. (1) and (2):

AB514-engrossed,16,3 (a) Public zoos or aquariums.

AB514-engrossed,16,4 (b) Circuses and the Circus World Museum located in Baraboo, Wisconsin.

AB514-engrossed,16,5 (c) The department.

AB514-engrossed,16,7 (5) Inapplicability to certain wild animals. (a) This section does not authorize the selling or purchasing of environmentally injurious wild animals.

AB514-engrossed,16,9 (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-engrossed,16,10 (c) The sale of white-tailed deer is subject to s. 22.13 and not to this section.

AB514-engrossed,16,15 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-engrossed,16,18 (2) Environmentally injurious wild animals . (a) The department may designate by rule the species of wild animals that are environmentally injurious wild animals.

AB514-engrossed,16,21 (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-engrossed,16,24 (c) No person may introduce, stock or release, or import into this state to introduce, stock or release, any environmentally injurious wild animal, unless specifically authorized to do so by the department.

AB514-engrossed,17,2 (3) Exemptions. (a) Public zoos and aquariums are exempt from the prohibition under sub. (2) (b).

AB514-engrossed,17,4 (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-engrossed,17,5 2. For purposes of subd. 1., "medical treatment" does not include rehabilitation.

AB514-engrossed,17,9 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 persontakes or possesses 5 or fewer of any subspecies or unless sub. (2) or (3) applies.

AB514-engrossed,17,13 (2) Possession of more than 5 allowed. (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-engrossed,17,17 (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-engrossed,17,21 (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-engrossed,17,24 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-engrossed,18,4 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-engrossed,18,7 (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-engrossed,18,9 (4) Restrictions of sales. No person may sell live native wild reptiles or live native wild amphibians except for the following:

AB514-engrossed,18,12 (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.