AB514: Bill Text

The bill gives DNR the specific authority to enter and inspect land, vehicles and buildings for the purpose of enforcement and to have access to the records that must be kept by license holders. The bill limits this authority to daytime, weekday hours and other hours when the license holder is conducting business, unless the inspection is necessary for public health, safety or welfare. Current law authorizes DNR inspections of the area subject to the license at any time.

The bill imposes a general forfeiture for unlawfully possessing a wild animal and imposes increased penalties for specific activities such as illegally selling or purchasing wild animals, illegally taking live bear or deer from the wild and violating the provisions relating to diseased or environmentally injurious wild animals. The bill imposes increased penalties for repeat violations and contains provisions for licenses being revoked by DNR and by the courts.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

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

AB514, s. 1 Section 1. 20.370 (1) (mu) of the statutes is amended to read:

AB514,5,4 20.370 (1) (mu) General program operations — state funds. The amounts in the schedule for general program operations under ss. 23.09 to 23.11, 27.01, 30.203 and 30.277, subch. VI of ch. 77 and chs. 22, 26, 28 and 29.

AB514, s. 2 Section 2. 20.370 (3) (mu) of the statutes is amended to read:

AB514,5,9 20.370 (3) (mu) General program operations — state funds. The amounts in the schedule for law enforcement operations under ss. 23.09 to 23.11 and 166.04 and chs. 22, 29 and 30 and for review of environmental impact requirements under ss. 1.11 and 23.40.

AB514, s. 3 Section 3. Chapter 22 of the statutes is created to read:

AB514,6,1 Chapter 22

AB514,6,2 Captive wildlife

AB514,6,3 22.01 Definitions. In this chapter:

AB514,6,5 (1) "Animal" means any mammal or any bird, reptile, amphibian, mollusk, arthropod or egg thereof.

AB514,6,6 (2) "Badger" means a wild animal of the species Taxidea taxus.

AB514,6,7 (3) "Beaver" means a wild animal of the species Castor canadensis.

AB514,6,8 (4) "Bobcat" means a wild animal of the species Lynx rufus.

AB514,6,9 (5) "Captive" means any of the following:

AB514,6,10 (a) Restrained by a cage, pen, fence or other enclosure.

AB514,6,12 (b) Restrained by physical alterations that limit movement or facilitate capture.

AB514,6,13 (c) Restrained by a leash or a tether or otherwise tied.

AB514,6,15 (d) Held in a controlled environment that is designed to prevent the departure from the controlled environment.

AB514,6,17 (6) "Carcass" means the dead body of any wild animal including the head, hair, skin, plumage, skeleton, meat or any other part thereof.

AB514,6,19 (7) "Chipmunk" means a wild animal of the species Tamias striatus or the species Eutmias minimus.

AB514,6,20 (8) "Chukar partridge" means a wild bird of the species Alectoris chukar.

AB514,6,23 (9) "Circus" means a scheduled event staged by a traveling company with mobile facilities in which entertainment consisting of a variety of performances by acrobats, clowns or trained animals is the primary attraction or principal business.

AB514,6,24 (10) "Conservation warden" means a warden appointed under s. 23.10.

AB514,6,25 (11) "Cougar" means a wild animal of the species Felis concolor.

AB514,7,1 (12) "Coyote" means a wild animal of the species Canis latrans.

AB514,7,2 (13) "Department" means the department of natural resources.

AB514,7,4 (14) "Domesticated animal" means farm-raised deer or an animal that is all of the following:

AB514,7,8 (a) An animal that, due to a long association with humans, has been bred to a degree that results in changes affecting the animal's temperament, color, conformation or other attribute of the species to an extent that it makes the animal unique and distinguishable from a wild animal of its species.

AB514,7,9 (b) Listed as a domesticated animal by rule by the department.

AB514,7,10 (15) "Dressed fur" has the meaning given in s. 29.134 (1) (a).

AB514,7,14 (16) "Endangered or threatened species" means those species of wild animals that are indigenous to the United States or Canada and are identified on the federal list of endangered and threatened species or on the Wisconsin list of endangered and threatened species.

AB514,7,15 (17) "English sparrow" means a wild bird of the species Passer domesticus.

AB514,7,18 (18) "Environmentally injurious wild animal" means a species of wild animal that is not a native wild animal and that is capable of inflicting harm to the environment.

AB514,7,20 (19) "Exhibit" means to display for the purpose of public viewing, regardless of whether a fee is charged.

AB514,7,21 (20) "Farm-raised deer" has the meaning given in 95.001 (1) (a).

AB514,7,22 (21) "Fisher" means a wild animal of the species Martes pennanti.

AB514,7,23 (22) "Free-roaming" means not captive.

AB514,8,3 (23) "Fur-bearing wild animal" includes badger, beaver, bobcat, coyote, fisher, red fox, gray fox, lynx, marten, mink, muskrat, opossum, otter, raccoon, skunk, weasel and wolf.

AB514,8,4 (24) "Gray fox" means a wild animal of the species Urocyon cinereoargenteus.

AB514,8,5 (25) "Gray partridge" means a wild bird of the species Perdix perdix.

AB514,8,6 (26) "Ground squirrel" means a wild animal of the family Spermophilus.

AB514,8,10 (27) "Harm to the environment" includes adversely affecting the natural population dynamics of wild animals or wild plants, adversely affecting the habitat of wild animals or wild plants or displacing wild animals or wild plants from any part of their habitat.

AB514,8,12 (28) "Inherently dangerous wild animal" means a species of wild animal that is capable of inflicting severe bodily harm to a human.

AB514,8,15 (29) "Introduce" means to release for the purpose of allowing the animal to establish a population in an area in the wild where that type of animal is not naturally present at the time the wild animal is released.

AB514,8,16 (30) "Leopard frog" means a wild amphibian of the species Rana pipiens.

AB514,8,17 (31) "License year" means the year during which a license is valid.

AB514,8,18 (32) "Lynx" means a wild animal of the species Lynx canadensis.

AB514,8,20 (33) "Mallard duck" means a wild bird of the species Anas platyrhynchos platyrhynchos.

AB514,8,21 (34) "Marten" means a wild animal of the species Martes americana.

AB514,8,22 (35) "Mice" means wild animals of the family Cricetidae.

AB514,8,23 (36) "Mink" means a wild animal of the species Mustela vison.

AB514,8,24 (37) "Mole" means a wild animal of the family Scalopus.

AB514,8,25 (38) "Mud puppy" means a wild amphibian of the species Necturus maculosus.

AB514,9,1 (39) "Muskrat" means a wild animal of the species Ondatra zibethicus.

AB514,9,3 (40) "Native" means indigenous and occurring or having occurred naturally within the boundaries of this state.

AB514,9,4 (41) "Nonnative wild animal" means a wild animal that is not native.

AB514,9,5 (42) "Nonresident" means a person who is not a resident of this state.

AB514,9,6 (43) "Opossum" means a wild animal of the species Didelphis marsupialis.

AB514,9,7 (44) "Otter" means a wild animal of the species Lutra canadensis.

AB514,9,8 (45) "Painted turtle" means a wild reptile of the species Chrysemys picta.

AB514,9,10 (46) "Person" means any individual, partnership, firm, joint stock company, corporation, association, trust, estate or other legal entity.

AB514,9,12 (47) "Pigeon" means a wild bird of the species Columba domestica or the species Columba livia.

AB514,9,13 (48) "Pocket gopher" means a wild animal of the species Geomys bursarius.

AB514,9,14 (49) "Porcupine" means a wild animal of the species Erithizon dorsatum.

AB514,9,15 (50) "Possess" means to own, control, restrain, transport or keep.

AB514,9,17 (51) "Propagate" means to breed, encourage or facilitate for the purpose of generating offspring.

AB514,9,19 (52) "Public zoo or aquarium" means a zoo or aquarium that is operated by the state or by a city, village or county.

AB514,9,21 (53) "Purchase" means to acquire through a sale or through an exchange for consideration.

AB514,9,22 (54) "Quail" means a wild bird of the family Perdicidae.

AB514,9,23 (55) "Rabbit" means a wild animal of the species Sylvilagus floridanus.

AB514,9,24 (56) "Raccoon" means a wild animal of the species Procyon lotor.

AB514,9,25 (57) "Rat" means a wild animal of the family Rattus.

AB514,10,1 (58) "Raw fur" has the meaning given in s. 29.134 (1) (e).

AB514,10,2 (59) "Red fox" means a wild animal of the species Vulpes vulpes.

AB514,10,3 (60) "Red-legged partridge" means a wild bird of the species Alectoris rufa.

AB514,10,5 (61) "Red squirrel" means a wild animal of the species Tamiasciurus hudsonicus.

AB514,10,6 (62) "Sell" means to transfer or exchange for consideration.

AB514,10,7 (63) "Shrew" means a wild animal of the family Soricidae.

AB514,10,8 (64) "Skunk" means a wild animal of the species Mephitis mephitis.

AB514,10,9 (65) "Snapping turtle" means a wild reptile of the species Chelydra serpentina.

AB514,10,10 (66) "Starling" means a wild bird of the species Sturnus vulgaris.

AB514,10,11 (67) "State resident" has the meaning given "resident" in s. 27.01 (10) (a).

AB514,10,13 (68) "Stock" means to release for the purpose of increasing or maintaining a population of the animal.

AB514,10,14 (69) "Take" means to capture, but does not including killing.

AB514,10,16 (70) "Tiger salamander" means a wild amphibian of the species Ambystoma tigrinum.