AB514: Bill Text

AB514,49,16 (8) Zoos. If a zoo or aquarium is not a member of the American Zoo and Aquarium Association, the governing body of the zoo shall keep correct and complete records of all transactions involving the movement of wild animals that are native wild animals, nonnative wild animals of the family cervidae, inherently dangerous wild animals, environmentally injurious wild animals or endangered or threatened species. The department shall determine the information to be kept in these records.

AB514,49,21 (9) Records; timing. (a) A person holding a license subject to this section shall record all of the information required under this section within 7 days after the occurrence of the transaction or activity. A person holding a license subject to this section shall keep these records for 3 years after the last day of the year in which the record was entered.

AB514,50,2 (b) In addition to the requirements under par. (a), the person holding a license subject to this section shall provide a copy of the record required under this section to the department within 7 days after the transaction or activity if the transaction or activity involved any live wild animal of the family cervidae, canidae, ursidae, mustelidae or felidae, any inherently dangerous wild animal or any environmentally injurious wild animal.

AB514,50,5 (c) In addition to the requirements under par. (a), a nonresident who takes a raptor from the wild in this state shall provide a copy of the record required under sub. (1) (b) 3. to the department within 2 days after the taking.

AB514,50,8 (d) The department may require, by rule, that submission of the records required under this section to the department be a condition for renewal of any license subject to this section.

AB514,50,12 (10) Reports. (a) Each person holding a license subject to this section shall submit an annual summary report for each license year to the department that contains all of the following information for each species of wild animal possessed by the person holding the license:

AB514,50,14 1. The number of wild animals that the person holding the license possesses on the date of the report.

AB514,50,16 2. The number of wild animals the person holding the license has purchased or otherwise acquired during the reporting year.

AB514,50,18 3. The number of wild animals that the person holding the license has sold, released into the wild or otherwise transferred during the reporting year.

AB514,50,20 4. The number of wild animals that have been killed or have escaped or died during the reporting year.

AB514,50,22 (b) The person holding the license shall submit the annual report under par. (a) within 30 days after the last day of the license year that the report covers.

AB514,51,2 (c) In addition to the report under par. (a), a person holding a Class A deer farm license shall file a semiannual report covering the first 6 months of the license year. The report shall be filed within 30 days after the last day of the 6th month of the license year.

AB514,51,5 (11) Requirements as to form. The records and reports required under this section shall be in the English language and shall be on forms provided by the department or in a format approved by the department.

AB514,51,9 22.34 Inspections. (1) Departmental authority. For purposes of enforcing this chapter and the rules promulgated under this chapter, 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:

AB514,51,12 (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.

AB514,51,14 (b) Inspect any equipment, materials or other activities related to the wild animals.

AB514,51,15 (c) Gain access to and inspect any of the records required under s. 22.33.

AB514,51,16 (d) Inspect wild animals as authorized under sub. (4).

AB514,51,18 (2) Times for inspections. The department may conduct an inspection authorized under sub. (1) during any of the following times:

AB514,51,19 (a) After 8 a.m. and before 8 p.m. on weekdays, excluding legal holidays.

AB514,51,21 (b) During the time that the person who possesses or has possessed wild animals is conducting business.

AB514,51,22 (c) At any time, if the inspection is necessary for public health, safety or welfare.

AB514,52,2 (3) Prohibiting inspections. No person holding a license under this chapter 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.

AB514,52,8 (4) Inspections of wild animals. The department may investigate and inspect any wild animal or any other animal to be introduced, stocked or released into the wild. Inspection may include the removal of reasonable diagnostic samples from wild animals for biological examination. Only persons determined by the department to be experienced in wildlife disease may remove diagnostic samples and diagnose diseases for purposes of this subsection.

AB514,52,12 (5) Taxidermists. For an inspection of a taxidermist's place of business for purposes of enforcing this chapter and the rules promulgated under this chapter, this section does not apply and the department shall conduct the inspection as authorized under s. 29.136 (7).

AB514,52,16 22.35 Entry requirements; interstate health certificates. (1) Conditions. Except as provided in sub. (3), a person may ship or transport a live wild animal into this state only if the person complies with all of the following requirements:

AB514,52,19 (a) The wild animal is accompanied by sufficient documentation to prove that the wild animal was legally obtained and possessed in the state, province or country of its origin.

AB514,52,23 (b) The wild animal is accompanied by a valid interstate health certificate or a valid certificate of veterinary inspection issued by a veterinarian. The original and one copy of the certificate shall be filed with the chief livestock health official in the state, province or country of origin within 7 days after its execution.

AB514,53,2 (c) For wild animals to be exhibited as authorized under a nonresident temporary exhibiting license, the person holding the license shall comply with any applicable rules promulgated by the department of agriculture, trade and consumer protection.

AB514,53,6 (2) Certificates. Interstate health certificates or certificates of veterinary inspection are valid only if they are issued within 30 days before entry into this state and only if they certify that all of the rules promulgated under s. 22.41 (3) have been met.

AB514,53,11 (3) Exemptions from state entry requirements. (a) Subsection (1) does not apply to a person shipping or transporting a live wild animal into this state if the wild animal will be sent directly to slaughter at an establishment licensed under s. 97.42 or for which inspection is granted under 9 CFR part 304 and if the wild animal is accompanied by a bill of lading that contains all of the following information:

AB514,53,12 1. A description of the wild animal.

AB514,53,14 2. A description of any official identification on the wild animal, including any ear or back tag, leg band or tattoo.

AB514,53,16 3. The number of the license or other approval of the person shipping or transporting the wild animal, as required by the state, province or country of origin.

AB514,53,17 4. The destination for slaughter.

AB514,53,20 (b) Subsection (1) does not apply to a person shipping or transporting a live wild animal into this state to be sent directly to a veterinarian or a person holding a rehabilitation license for medical treatment.

AB514,53,23 (c) The department may grant an exception from the requirement of having the wild animal accompanied by a valid interstate health certificate or valid certificate of veterinary inspection issued by a veterinarian if any of the following applies:

AB514,53,25 1. Any required testing for disease has been conducted and the results are pending.

AB514,54,2 2. The department authorizes that the required testing for disease be conducted at the point of destination within this state.

AB514,54,5 (d) For an exception under par. (c) that involves testing for a disease that is transmissible to domesticated animals, the department of agriculture, trade and consumer protection shall also authorize the exception.

AB514,54,8 22.36 Humane care and housing. (1) Compliance with rules. No license may be issued under this chapter unless the department determines that the applicant will comply with all of the rules promulgated under subs. (2) and (3).

AB514,54,11 (2) Rules; general. The department shall promulgate and enforce rules for the housing, care, treatment, feeding and sanitation of wild animals subject to this chapter to ensure all of the following:

AB514,54,12 (a) That the wild animals receive humane treatment.

AB514,54,13 (b) That the wild animals are held under sanitary conditions.

AB514,54,14 (c) That the wild animals receive adequate housing, care and food.

AB514,54,15 (d) The public is protected from injury by the wild animals.

AB514,54,22 (3) Rules; housing. The rules for housing under sub. (2) shall include requirements for the size and location of permanent enclosures and of temporary enclosures at locations other than those where the wild animals are permanently housed. The rules regulating the location of enclosures shall include the distance required between 2 enclosures. The rules for housing shall include specifications for enclosures for each type of inherently dangerous wild animal that the department designates under s. 22.11 (1).

AB514,54,25 (4) Orders. (a) The department may issue an order requiring any person holding a license under this chapter to comply with the rules promulgated under sub. (2).

AB514,55,2 (b) Any person who fails to comply with an order issued under par. (a) within 10 days after its issuance will be subject to penalties provided in s. 22.42.

AB514,55,9 (5) Free-roaming wild animals. A person holding a captive wild animal farm license or a deer farm license shall make a reasonable effort to drive free-roaming wild animals from land subject to the license that will be enclosed before the land is enclosed. If any white-tailed deer remain in the boundaries of a deer farm fence, the department may authorize the hunting of those deer. A person holding a Class B deer farm license shall pay the department $250 for each deer remaining within the boundaries.

AB514,55,12 22.37 Prohibited activities; trespassing. (1) Diseased wild animals. (a) No person may sell, lease, transfer, move from one location to another, release or dispose of any wild animal if any of the following applies:

AB514,55,14 1. The wild animal is under a quarantine order and the department issuing the order does not authorize the sale, lease, transfer, move or disposal.

AB514,55,15 2. Testing for disease has been conducted and the results are pending.

AB514,55,20 3. The person knows that the wild animal has been exposed to or has been infected with a 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).

AB514,55,21 (b) No person may misrepresent the disease status of any wild animal.

AB514,55,24 (c) No person may fail to present any wild animal for any required testing for disease as required by the department or by the department of agriculture, trade and consumer protection.

AB514,56,2 (d) The prohibition under sub. (1) (a) 3. does not apply if results from testing for the disease show that the wild animal is not likely to transmit the disease.

AB514,56,6 (e) No veterinarian may fail to report a 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), in a wild animal.

AB514,56,9 (2) Tampering; commingling. (a) No person may remove, alter or tamper in any way with any form of official identification on a wild animal, including any ear or back tag, leg band or tattoo.

AB514,56,11 (b) No person may cause or permit the commingling of wild animals with domesticated animals.

AB514,56,16 (3) Taking of wild animals. A person who hunts, traps, kills or takes a wild animal subject to this chapter on land subject to a license issued under this chapter 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 this chapter or to any property or land that is subject to the license.

AB514,56,21 22.38 Quarantines. (1) Summary action. (a) The department of natural resources or the department of agriculture, trade and consumer protection may summarily issue a quarantine order to control contagious, infectious or communicable diseases, to protect the health of wild animals and domesticated animals in this state and to control the possessing of wild animals in this state.

AB514,56,23 (b) No person may move any wild animal in violation of a quarantine order or fail to comply with the terms and conditions of a quarantine order.

AB514,57,2 (2) Service of notice. No quarantine is effective until written notice of the quarantine is served upon any person possessing the wild animals and on any person controlling the premises affected by the quarantine order. The department issuing the order may serve a quarantine order in any of the following ways:

AB514,57,3 (a) By personal service.

AB514,57,4 (b) By registered mail.

AB514,57,6 (c) By posting a copy of the order at 2 conspicuous places on the premises affected by the quarantine.

AB514,57,9 (3) Proof of service. Service of the quarantine order shall be proved by affidavit, except for service by registered mail. Proof of service shall be filed with the department.

AB514,57,11 (4) Contents of order. The quarantine order shall contain all of the following information:

AB514,57,12 (a) The name and address of the person affected by the quarantine.

AB514,57,13 (b) The identification of all wild animals affected by the quarantine.

AB514,57,14 (c) A description of the premises affected by the quarantine.

AB514,57,15 (d) The reason or justification for the quarantine.

AB514,57,16 (e) All terms and conditions applicable to the quarantine.

AB514,57,17 (f) Notice of the right to request a hearing to review the quarantine.

AB514,57,20 (5) Duration of quarantine. Quarantines shall remain in effect until a written notice of release is issued by the department issuing the order or until a decision releasing the quarantine is rendered under sub. (6).

AB514,57,25 (6) Review of quarantine. Any person affected by a quarantine shall be granted a hearing by the department issuing the order if the person requests the hearing within 30 days after the date of the service of the quarantine order. The hearing shall be treated as a contested case if the requirements of s. 227.42 (1) are met.

AB514,58,2 22.39 Disposal and removal of wild animals. (1) Disposition. The department may seize, dispose of or order the disposal of any of the following:

AB514,58,5 (a) Any animal that is possessed, taken, introduced, stocked, released, exhibited, propagated, rehabilitated, hunted, sold or purchased in violation of this chapter.

AB514,58,11 (b) Any dead, dying or sick wild animal that has been exposed to or is known to be infected with a contagious or infectious disease as defined in the rules promulgated by the department of agriculture, trade and consumer protection under s. 95.001 (2), with a reportable disease as designated by the department of natural resources under s. 22.41 (2) or with a disease or parasite that has pathological significance to humans or to any animals.

AB514,58,16 (c) Any wild animal that has escaped and that has not been returned to its owner or other person authorized to possess the wild animal. The department may not dispose of the wild animal until 72 hours have elapsed after the escape unless the department determines that the wild animal poses a risk to public safety or to the health of other animals.

AB514,58,17 (d) Any wild animal housed or held in an inhumane manner.

AB514,58,24 (2) Entry violations. The department shall notify the owner of a wild animal that has entered this state in violation of s. 22.35 or that is in violation of a quarantine order issued under s. 22.38 that the owner has an opportunity to comply with s. 22.35 or the quarantine order issued under s. 22.38 within a given number of days as specified by the department in the notice. If the owner fails to comply within the specified number of days, the department may seize and dispose of the wild animal or order the disposal of the wild animal or its removal from this state.

AB514,59,3 (3) Expense of disposal. The owner of a wild animal that is disposed of or removed by the department under this section shall reimburse the department for its expenses incurred in the disposal or removal.

AB514,59,7 22.40 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 this chapter.

AB514,59,8 (b) An ordinance enacted under this section may do any of the following:

AB514,59,10 1. Prohibit any person or certain groups of persons from possessing certain types of live captive wild animals.

AB514,59,12 2. Prohibit any person or certain groups of persons from selling certain types of live captive wild animals.

AB514,59,24 (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 its 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.