AB514: Bill Text

AB514, s. 37 Section 37. 29.42 (5) of the statutes is created to read:

AB514,72,24 29.42 (5) Captive wild animals. This section does not apply to wild animals that are subject to regulation under ch. 22.

AB514, s. 38 Section 38. 29.425 (title) of the statutes is repealed.

AB514, s. 39 Section 39. 29.425 (1) of the statutes is repealed.

AB514, s. 40 Section 40. 29.425 (2) of the statutes is repealed.

AB514, s. 41 Section 41. 29.425 (3) of the statutes is repealed.

AB514, s. 42 Section 42. 29.425 (4) of the statutes is renumbered 29.42 (1m) and amended to read:

AB514,73,10 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 ch. 22.

AB514, s. 43 Section 43. 29.425 (4m) of the statutes is repealed.

AB514, s. 44 Section 44. 29.425 (5) of the statutes is renumbered 29.42 (5) and amended to read:

AB514,73,15 29.42 (5) Penalty. A person who violates this section sub. (1m) shall forfeit not less than $100 nor more than $1,000.

AB514, s. 45 Section 45. 29.427 (title) of the statutes is repealed.

AB514, s. 46 Section 46. 29.427 (1) of the statutes is repealed.

AB514, s. 47 Section 47. 29.427 (2) of the statutes is repealed.

AB514, s. 48 Section 48. 29.427 (3) of the statutes is repealed.

AB514, s. 49 Section 49. 29.427 (4) (title) of the statutes is repealed.

AB514, s. 50 Section 50. 29.427 (4) of the statutes is renumbered 22.03 (2) (e) and amended to read:

AB514,74,5 22.03 (2) (e) No person may operate on a live wild skunk to remove its scent glands unless the person is a veterinarian and the person who possesses brings the skunk is authorized under s. 29.55 to the veterinarian holds a Class A or Class B captive wild animal farm license. A veterinarian to whom a person brings a live wild skunk for removal of its scent glands or for other treatment shall verify if the person holds such a license. If the person does not hold such a license, the veterinarian shall notify that person that possession of a live skunk is illegal and shall notify the department.

AB514, s. 51 Section 51. 29.427 (5) of the statutes is repealed.

AB514, s. 52 Section 52. 29.427 (6) of the statutes is repealed.

AB514, s. 53 Section 53. 29.427 (7) of the statutes is repealed.

AB514, s. 54 Section 54. 29.43 (5) (b) of the statutes is amended to read:

AB514,74,12 29.43 (5) (b) Subsections (1) to (4) do not apply to the possession, transportation, delivery or receipt of farm-raised deer or wild animals that are subject to regulation under ch. 22.

AB514, s. 55 Section 55. 29.44 (3) of the statutes is amended to read:

AB514,74,16 29.44 (3) Subsection (1) does not apply to the possession, transportation, delivery or receipt of farm-raised deer or wild animals that are subject to regulation under ch. 22.

AB514, s. 56 Section 56. 29.45 (6) of the statutes is amended to read:

AB514,74,19 29.45 (6) This section does not apply to the transportation of farm-raised deer or wild animals that are subject to regulation under ch. 22.

AB514, s. 57 Section 57. 29.46 (5) of the statutes is amended to read:

AB514,74,24 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 ch. 22.

AB514, s. 58 Section 58. 29.48 (7) of the statutes is created to read:

AB514,75,2 29.48 (7) This section does not apply to the carcass of a wild animal that is subject to regulation under ch. 22.

AB514, s. 59 Section 59. 29.49 (3) of the statutes is amended to read:

AB514,75,5 29.49 (3) Exemption. This section does not apply to the meat from farm-raised deer or to meat that is subject to regulation under s. 22.13 or 22.14.

AB514, s. 60 Section 60. 29.535 (title) of the statutes is amended to read:

AB514,75,7 29.535 (title) Introduction of wild animals fish.

AB514, s. 61 Section 61. 29.535 (1) (a) 1. of the statutes is amended to read:

AB514,75,11 29.535 (1) (a) 1. Importing into the state any fish , or spawn or any other wild animal for the purpose of introducing, stocking or planting that fish, or spawn or wild animal.

AB514, s. 62 Section 62. 29.535 (1) (a) 2. of the statutes is amended to read:

AB514,75,14 29.535 (1) (a) 2. Introducing, stocking or planting any fish, or spawn or other wild animal.

AB514, s. 63 Section 63. 29.535 (1) (c) of the statutes is amended to read:

AB514,75,18 29.535 (1) (c) Permits for introducing, stocking or planting under par. (a) 2. shall be issued by the department only after investigation and inspection of the fish, or spawn or other wild animals as the department determines necessary.

AB514, s. 64 Section 64. 29.535 (1) (g) of the statutes is created to read:

AB514,75,21 29.535 (1) (g) The department may promulgate rules to establish additional requirements for the importation, introduction, stocking or planting of fish or spawn.

AB514, s. 65 Section 65. 29.535 (2) (a) of the statutes is amended to read:

AB514,75,25 29.535 (2) (a) Importing into the state any fish, spawn or any other wild animal for the purpose of introducing, stocking or planting that fish, or spawn or wild animal.

AB514, s. 66 Section 66. 29.535 (2) (b) of the statutes is amended to read:

AB514,76,3 29.535 (2) (b) Introducing, stocking or planting any fish, or spawn or other wild animal.

AB514, s. 67 Section 67. 29.54 (title) of the statutes is amended to read:

AB514,76,6 29.54 (title) State propagation of wild mammals and Food in the wild for game birds.

AB514, s. 68 Section 68. 29.54 (1) of the statutes is repealed.

AB514, s. 69 Section 69. 29.54 (2) of the statutes is renumbered 29.54.

AB514, s. 70 Section 70. 29.55 of the statutes is repealed.

AB514, s. 71 Section 71. 29.565 of the statutes is repealed.

AB514, s. 72 Section 72. 29.572 of the statutes is repealed.

AB514, s. 73 Section 73. 29.573 of the statutes is repealed.

AB514, s. 74 Section 74. 29.574 of the statutes is repealed.

AB514, s. 75 Section 75. 29.575 of the statutes is repealed.

AB514, s. 76 Section 76. 29.578 of the statutes is repealed.

AB514, s. 77 Section 77. 29.579 of the statutes is repealed.

AB514, s. 78 Section 78. 29.583 (1) of the statutes is amended to read:

AB514,76,22 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 22.16 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, s. 79 Section 79. 29.585 of the statutes is repealed.

AB514, s. 80 Section 80. 29.586 of the statutes is repealed.

AB514, s. 81 Section 81. 29.59 (1) (f) of the statutes is amended to read:

AB514,77,3 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 wild animals that are subject to regulation under ch. 22.

AB514, s. 82 Section 82. 29.598 (1) of the statutes is amended to read:

AB514,77,8 29.598 (1) Definition. In this section, "wildlife damage" means damage caused by deer that live in the wild, bear or geese that are not subject to regulation under ch. 22 and that is done to commercial seedings or crops on agricultural land, to orchard trees or nursery stock or to apiaries or livestock.

AB514, s. 83 Section 83. 29.605 of the statutes is repealed.

AB514, s. 84 Section 84. 29.645 of the statutes is amended to read:

AB514,77,15 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 wild animals that are subject to regulation under ch. 22.

AB514, s. 85 Section 85. 29.65 (1) (intro.) of the statutes is amended to read:

AB514,77,23 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 unlawfully killing, wounding, catching, taking, trapping, or having unlawfully in possession 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, s. 86 Section 86. 59.25 (3) (f) 2. of the statutes is amended to read:

AB514,78,21 59.25 (3) (f) 2. For all court imposed fines and forfeitures required by law to be deposited in the state treasury, the amounts required by s. 165.87 for the penalty assessment surcharge, the amounts required by s. 167.31 (5) for the weapons assessment, the amounts required by s. 973.045 for the crime victim and witness assistance surcharge, the amounts required by s. 973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by s. 961.41 (5) for the drug abuse program improvement surcharge, the amounts authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 (1) for the domestic abuse assessment, the amounts required by s. 346.655 (2) (a) and (b) for the driver improvement surcharge, the amounts required by s. 102.85 (4) for the uninsured employer assessment, the amounts required by s. 299.93 for the environmental assessment, the amounts required by s. 29.9965 for the wild animal protection assessment, the amounts required by s. ss. 22.43 (1) (d) and 29.997 for the natural resources assessment surcharge, the amounts required by s. 29.9967 for the fishing shelter removal assessment, the amounts required by s. 350.115 for the snowmobile registration restitution payment and the amounts required by s. ss. 22.43 (2) (d) and 29.998 for natural resources restitution payments, transmit to the state treasurer a statement of all moneys required by law to be paid on the actions entered during the preceding month on or before the first day of the next succeeding month, certified by the county treasurer's personal signature affixed or attached thereto, and at the same time pay to the state treasurer the amount thereof.

AB514, s. 87 Section 87. 59.40 (2) (m) of the statutes is amended to read:

AB514,79,18 59.40 (2) (m) Pay monthly to the treasurer for the use of the state the state's percentage of the fees required to be paid on each civil action, criminal action and special proceeding filed during the preceding month and pay monthly to the treasurer for the use of the state the percentage of court imposed fines and forfeitures required by law to be deposited in the state treasury, the amounts required by s. 165.87 (2) (b) for the penalty assessment surcharge, the amounts required by s. 167.31 (5) for the weapons assessment, the amounts required by s. 973.045 for the crime victim and witness assistance surcharge, the amounts required by s. 973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by s. 961.41 (5) for the drug abuse program improvement surcharge, the amounts authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 for the domestic abuse assessment surcharge, the amounts required by s. 346.655 for the driver improvement surcharge, the amounts required by s. 102.85 (4) for the uninsured employer assessment, the amounts required by s. 299.93 for the environmental assessment, the amounts required under s. 29.9965 for the wild animal protection assessment, the amounts required under s. ss. 22.43 (1) (d) and 29.997 (1) (d) for the natural resources assessment surcharge, the amounts required by s. 29.9967 for the fishing shelter removal assessment, the amounts required by s. 350.115 for the snowmobile registration restitution payment and the amounts required under s. ss. 22.43 (2) (d) and 29.998 (1) (d) for the natural resources restitution payments. The payments shall be made by the 15th day of the month following receipt thereof.

AB514, s. 88 Section 88. 167.31 (4) (b) of the statutes is amended to read:

AB514,79,23 167.31 (4) (b) Subsections (2) (a), (b) and (c) and (3) (a) and (b) do not apply to the holder of a scientific collector permit research license under s. 29.17 22.25 who is using a net gun or tranquilizer gun in an activity related to the purpose for which the permit was issued.

AB514, s. 89 Section 89. 814.60 (2) (e) of the statutes is amended to read:

AB514,80,2 814.60 (2) (e) Natural resources restitution payment imposed by s. 22.43 (2) (d) or 29.998.

AB514, s. 90 Section 90. 895.57 (3) of the statutes is amended to read:

AB514,80,10 895.57 (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. 22.15, 22.16, 22.17, 22.18, 22.19 or 29.52, 29.573, 29.574, 29.575 or 29.578 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, s. 91 Section 91. 943.75 (3) of the statutes is amended to read:

AB514,80,19 943.75 (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. 22.15, 22.16, 22.17, 22.18, 22.19 or 29.52, 29.573, 29.574, 29.575 or 29.578 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, s. 92 Section 92. 951.01 (1m) of the statutes is created to read:

AB514,80,21 951.01 (1m) "Conservation warden" means a warden appointed under s. 23.10.

AB514, s. 93 Section 93. 951.015 of the statutes is amended to read:

AB514,81,3 951.015 Construction and application. This chapter shall not be interpreted as controverting any law regulating wild animals subject to regulation under ch. 22, the taking of game as defined in s. 29.01 (4) to (7) and (10), the trapping of wild animals under ch. 29, the use of live animals in dog trials or in the training of hunting dogs or the slaughter of animals by persons acting under state or federal law.

AB514, s. 94 Section 94. 951.09 of the statutes is amended to read: