AB514: Bill Text

1997 - 1998 LEGISLATURE

1997 Assembly BILL 514

September 16, 1997 - Introduced by Representatives Johnsrud, Hahn, Ott, Brandemuehl and Kedzie. Referred to Committee on Natural Resources.

AB514,2,4 An Act to repeal 29.092 (9), 29.093 (9), 29.255, 29.425 (title), 29.425 (1), 29.425 (2), 29.425 (3), 29.425 (4m), 29.427 (title), 29.427 (1), 29.427 (2), 29.427 (3), 29.427 (4) (title), 29.427 (5), 29.427 (6), 29.427 (7), 29.54 (1), 29.55, 29.565, 29.572, 29.573, 29.574, 29.575, 29.578, 29.579, 29.585, 29.586 and 29.605; to renumber 23.51 (1) and 29.54 (2); to renumber and amend 29.41, 29.42 (2), 29.425 (4), 29.425 (5) and 29.427 (4); to amend 20.370 (1) (mu), 20.370 (3) (mu), 23.09 (2) (f), 23.50 (1), 23.50 (3), 23.51 (5), 23.65 (1), 25.29 (1) (a), 25.29 (4m), 29.03 (8), 29.05 (8) (a), 29.05 (8) (b), 29.09 (1), 29.092 (15) (a), 29.092 (15) (f), 29.1025 (1) (c), 29.136 (4), 29.17 (1), 29.245 (5) (b) 3., 29.40 (2), 29.40 (6), 29.42 (1), 29.43 (5) (b), 29.44 (3), 29.45 (6), 29.46 (5), 29.49 (3), 29.535 (title), 29.535 (1) (a) 1., 29.535 (1) (a) 2., 29.535 (1) (c), 29.535 (2) (a), 29.535 (2) (b), 29.54 (title), 29.583 (1), 29.59 (1) (f), 29.598 (1), 29.645, 29.65 (1) (intro.), 59.25 (3) (f) 2., 59.40 (2) (m), 167.31 (4) (b), 814.60 (2) (e), 895.57 (3), 943.75 (3), 951.015, 951.09, 951.16, 951.18 (4) (a) 2., 951.18 (4) (b) 1. and 973.05 (1); and to create chapter 22, 23.51 (1d), 23.51 (9m), 23.795 (3), 29.02 (4), 29.134 (10m), 29.41 (2), 29.42 (2) (b), 29.42 (5), 29.48 (7), 29.535 (1) (g), 951.01 (1m) and 951.15 (5) of the statutes; relating to: the possession of wild animals, granting rule-making authority, making appropriations and providing penalties.

Analysis by the Legislative Reference Bureau

Licensing requirements

This bill creates a new regulatory structure under the department of natural resources (DNR) for captive wildlife. Current law authorizes DNR to issue licenses to persons possessing captive wildlife. These licenses include deer farm licenses for white-tailed deer, game bird and animal farm licenses, pheasant and quail farm licenses and fur animal farm licenses (game farm licenses). Wild animals that are not game animals or birds or wild fur-bearing animals are exempt from any licensing requirements for simple possession. Current law requires a license issued by DNR for exhibiting any wild animal unless the wild animal is being exhibited by a zoo, circus, the state or an educational institution. Current law requires a game farm license or other permit issued by DNR to propagate wild animals. Finally, current law requires a game farm license to sell wild animals.

This bill eliminates all of the current licenses and creates 17 types of licenses which include the following:

1. Class A and Class B captive wild animal farm licenses which authorize the possessing, propagating, killing, exhibiting, purchasing and selling of live captive wild animals.

2. A Class A deer farm license which authorizes the possession, propagation, purchase, sale and exhibition of live nonnative deer that are not farm-raised deer.

3. A Class B deer farm license which authorizes the possession, propagation, purchase, sale and exhibition of live white-tailed deer and the selling of the opportunity to hunt these deer.

4. A wild fur farm license which authorizes the possession, propagation, trapping and sale of certain fur-bearing animals, including beaver, mink, otter, muskrat and raccoon.

5. Class A and Class B bird hunting preserve licenses which authorize the possessing, stocking, propagating, releasing, selling, purchasing and hunting of live pheasants, quail, partridge, mallard ducks and wild turkeys.

6. Dog training licenses which authorize the purchase, possession, release and hunting of captive wild animals for training hunting dogs.

7. Dog trial licenses which authorize the purchase, possession, release and hunting use of captive wild animals for competitive field events.

8. Falconry licenses which authorize the use of raptors for falconry.

9. A rehabilitation license which authorizes the possession and rehabilitation and of a live wild animal and authorizes the exhibition of a wild animal if specifically authorized to do so by DNR.

10. A scientific research license which authorizes the taking from the wild, possessing, killing and propagating of wild animals for research purposes.

11. Exhibiting licenses which authorize nonresidents and certain nonprofit organizations to possess and exhibit live wild animals.

12. A captive wild animal auction and market licence which authorizes the possessing, exhibiting and conducting of auctions and markets to sell live wild animals.

Public zoos or aquariums and circuses are exempt from most of these licensing requirements.

Introduction and stocking of wild animals

Under current law, no person may import into this state for stocking or releasing into the wild a wild animal or stock or release a wild animal unless they have a permit issued by DNR. Under the bill, a person may import and stock or release a wild animal if the person has a stocking permit issued by DNR or another type of license which authorizes the stocking or release. These licenses include bird hunting preserve licenses and dog training and trial licenses. In addition, DNR must determine that the wild animal is not environmentally injurious and is not detrimental to the state's natural resources. There are also special requirements if the wild animal has been exposed to, or infected with, any contagious disease.

Types of wild animals subject to licensing requirements

Under current law, all wild animals, including fish and insects, are subject to regulation as wildlife. This bill excludes fish entirely from the regulatory structure created in this bill, and the importing of fish for stocking and the stocking of fish is not affected by this bill. The bill also excludes domesticated animals and specifically excludes farm-raised deer. For purpose of this regulation of captive wildlife, DNR shall promulgate a rule listing all domesticated animals.

Most native wild animals are subject to the licensing requirements except for common species such as ground squirrels, mice, opossum, porcupines, pigeons and sparrows. Most types of wild animals that are not native to Wisconsin are exempt from the licensing requirements except for the following: nonnative inherently dangerous wild animals such as nonnative bear, nonnative deer, certain nonnative wild birds, endangered or threatened species that are native to other parts of the United States or Canada and nonnative wild animals that pose a threat to the environment (environmentally injurious wild animals). Endangered or threatened species that are native to this state, the rest of the United States or Canada are subject to regulation both under this section and under the other state laws covering endangered or threatened species.

The bill imposes specific regulatory schemes on native reptiles and amphibians and white-tailed deer raised for venison. The bill also imposes some tagging, record-keeping and labeling requirements for the sale and purchase of venison from white-tailed deer and of other wild animal parts except for dressed and raw furs.

The bill authorizes DNR to promulgate rules to designate species of wild animals as inherently dangerous wild animals and imposes additional restrictions on the possession of these animals. DNR must designate cougars and all species of bear as inherently dangerous under these rules.

License fees and effective periods and record-keeping requirements

The bill requires that DNR set the fees for these licenses by rule. Under current law, the fees are set by the legislature. The bill requires that the fees set by DNR provide a discounted fee for additional licenses. The bill requires DNR to provide any necessary tags at cost. Under the bill, periods of validity for the different types of licenses range from 30 days to 3 years, with the most common period of validity being from the date of issuance until the following December 31. Under current law, the most common period of validity for game farm licenses is from the date of issuance until the following December 31.

Under current law, there are various record-keeping requirements for operators of game farms and wildlife exhibits. This bill authorizes DNR to establish record-keeping requirements by rule. This bill also imposes specific record-keeping requirements for most types of licenses. These specific provisions generally require such information as the date of the acquisition or transfer of a captive wild animal, the name and address of the person from whom or to whom the animal was transferred and information concerning the death or escape of captive wild animals. The bill requires that the records for inherently dangerous wild animals, environmentally injurious wild animals and certain families of wild animals such as deer, bear and wild cats be provided to DNR within 7 days after the transaction. The bill also requires license holders to file annual reports with DNR summarizing the number of wild animals acquired, the number transferred or released, the number currently kept and the number that died, were killed or escaped.

animal health and treatment

The bill imposes requirements on transporting wild animals into this state. With limited exceptions, a person bringing a wild animal into this state must have documentation to show that he or she is in legal possession of the wild animal and must have a valid interstate health certificate or a valid certificate of veterinary inspection for the wild animal. One exception applies if the wild animal is being brought directly into this state for slaughter.

The bill requires DNR to promulgate rules to ensure that wild animals receive humane treatment and adequate housing, care and food and that the wild animals are held under sanitary conditions. No person may receive a license unless DNR determines that the person will comply with all of these rules.

The bill gives DNR specific authority to issue quarantine orders. The bill establishes a procedure for issuing these orders. The bill also authorizes DNR to seize wild animals that are being kept in violation of the provisions created in the bill, that are dead, dying or sick, that have escaped or that have a contagious or infectious disease.

Local regulation

Under the bill, a city, village, town or county (local governmental unit) may enact and enforce ordinances relating to the possession or sale of live wild animals if the ordinances are in strict conformity with state law with the exception that a local governmental unit may enact an ordinance totally prohibiting the possession or sale of certain types of live captive wild animals. Under current law, a local governmental unit may pass an ordinance prohibiting the sale or possession of live game and fur-bearing animals.

Under the bill, a local ordinance must be approved by DNR.

Enforcement and penalties

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.