AB864, s. 603
1Section
603. 29.565 (intro.) of the statutes is renumbered 29.861 (1) and
2amended to read:
AB864,172,133
29.861
(1) The department shall establish an
animal wildlife exhibit where
4wild animals
, allowed to roam at will, may be viewed by the public
without charge 5on state owned lands
over which the department has jurisdiction, or upon lands
6donated to the state for the purpose. The boundary of the area shall be marked by
7posts placed at intervals of not over 500 feet and bearing signs with the words
8"Wisconsin Wildlife Exhibit Area". The department shall provide shelters thereon,
9for the housing of the caretaker, and the sheltering, nursing and caring for orphaned
10wild animals, which shall be furnished by the department, which may accept private
11donations of such animals. Such animals shall be sheltered and cared for until they
12are old enough to release, but by providing food and shelter efforts shall be made to
13induce the animals to return to the area year after year.
Note: This provision is substantially simplified to make the management of the
wildlife exhibit subject to DNR discretion.
AB864, s. 604
14Section
604. 29.565 (1) of the statutes is repealed.
Note: The text of current s. 29.565 (1) is as follows:
"29.565 (1) The department shall employ a caretaker with long experience with
wild animals, preferably a retired game warden, to manage the exhibit.".
This provision, and portions of s. 29.565 (intro.), are repealed because the staffing
and management of DNR facilities should generally not be dictated by statute.
AB864, s. 605
15Section
605. 29.565 (2) of the statutes is renumbered 29.861 (2) and amended
16to read:
AB864,172,2117
29.861
(2) No person
shall at any time or in any manner may hunt or trap
18within the boundaries of the
area, nor have possession or control of therein, any gun
19or rifle wildlife exhibit or possess a gun or firearm within the boundaries of the
20wildlife exhibit unless it is unloaded and knocked down or enclosed in a carrying
21case.
AB864, s. 606
1Section
606. 29.565 (3) of the statutes is repealed.
Note: The text of current s. 29.565 (3) is as follows:
"29.565 (3) The department may promulgate rules for the effective
accomplishment of the purposes of this section including the duration of the exhibition
season.".
This permissive grant of rule-making authority is unnecessary. The department
may promulgate rules under its general rule-making authority.
AB864, s. 607
2Section
607. 29.566 (title) of the statutes is created to read:
AB864,173,3
329.566 (title)
Collection and deposit of fees.
AB864, s. 608
4Section
608. 29.57 of the statutes is renumbered 29.621 and amended to read:
AB864,173,14
529.621 Wildlife refuges. (1) Establishment. The owner
or owners of
any
6tract, or contiguous
tracts, of land comprising in the aggregate not less than 160 acres
7located outside the limits of any city or village
, may apply to the department for the
8establishment of
said lands the land as a wildlife refuge.
The department may
9thereupon employ such means as it deems wise to inform itself regarding the
10premises; and if, upon inspection, investigation, hearing, or otherwise, it shall
11appear to the satisfaction of If the department
determines that the establishment of
12said lands the land as a wildlife refuge will promote the conservation of
one or more
13useful species or varieties native
within to this state, it may by order
designate and 14establish the
said lands land as a wildlife refuge.
AB864,173,17
15(2) Signs. Within 30 days after the date of
such the order the owner
or owners 16of the
said lands land shall post
or erect signs or notices as required and furnished
17by the department,
proclaiming the establishment of said designating the refuge.
AB864,174,2
18(3) Publication. No such The order
shall be is not effective until at least 30 days
19after
the date of its issue; nor unless issuance and until the department has caused
20notice thereof to be published
, as a class 3 notice, under ch. 985, in the county
21embracing containing the
lands. Thereupon the said lands land. The land shall
be
1remain a wildlife refuge
, and shall so remain for
a period of not less than 5 years
, from
2and after the date of effect stated in said order.
AB864,174,11
3(4) (title)
Absolute protection Protection. Except as provided in s.
29.56 429.091, no owner of
lands embraced within any such a wildlife refuge, and no other
5person, may hunt or trap within the boundaries of any wildlife refuge or have in his
6or her possession or under his or her control
therein any gun or rifle in the wildlife
7refuge a gun, firearm, bow or crossbow, unless the
same gun or firearm is unloaded
,
8the bow or crossbow is unstrung and
the gun, firearm, bow or crossbow is enclosed
9within a carrying case. Nothing in this section may prohibit, prevent or interfere
10with the department
, or its wardens, agents or employes, in the destruction of
11injurious animals.
AB864,174,14
12(5) Animals procured by department. The department may place
wild animals 13within any
such wildlife refuge, for the purpose of propagation
, wild animals of any
14species or variety.
AB864, s. 609
15Section
609. 29.571 (title) and (1) of the statutes are renumbered 29.749 (title)
16and (1) and amended to read:
AB864,174,20
1729.749 (title)
Horicon marsh game preserve, fur farm, hatchery, dams
18and dam. (1) A wildlife refuge, game preserve and The department shall establish
19a fur farm
shall be established on the Horicon marsh in Dodge
county County under
20the supervision of the department.
AB864, s. 610
21Section
610. 29.571 (2) and (3) of the statutes are repealed.
Note: Subsection (2) authorizes the DNR to construct a fish hatchery at Horicon
marsh. The DNR has not constructed and has no plans for a fish hatchery there.
Subsection (3) authorizes DNR to acquire land for the Horicon marsh. DNR has
general land acquisition authority under s. 23.09.
AB864, s. 611
22Section
611. 29.571 (4) of the statutes is renumbered 29.749 (2) and amended
23to read:
AB864,175,4
129.749
(2) The department may
construct and maintain a dam
or dams in or
2near the city of Horicon, to control and regulate the flood waters on
the Rock
river 3River, and to restore the
public waters of Rock
river River on Horicon marsh to the
4natural levels existing prior to
the private drainage of the
same marsh.
AB864, s. 612
5Section
612. 29.571 (5) of the statutes is repealed.
Note: This provision directs the payment of proceeds from the fur farm at Horicon
marsh and all other income from Horicon marsh. Section 25.29 provides that all moneys
accruing to the state under ch. 29 are to be deposited in the conservation fund, so this
provision is unnecessary.
AB864, s. 613
6Section
613. 29.572 (title) of the statutes is renumbered 29.863 (title).
AB864,175,129
29.863
(1) No person
shall may cause
, authorize or permit any lands or waters
10to be posted with signs of any kind indicating that
such the lands or waters are
11licensed under ss.
29.573 to 29.578 29.865 to 29.871 unless
such the lands and waters
12are in fact so licensed.
AB864, s. 615
13Section
615. 29.572 (2) and (3) of the statutes are renumbered 29.863 (2) and
14(3) and amended to read:
AB864,175,1815
29.863
(2) If
any such a license
under ss. 29.865 to 29.871 expires or lapses and
16is not renewed, the licensee, landowner or other person having control over
such the 17lands or waters shall remove or cause
such the signs to be removed within 45 days
18after the expiration or termination of
such the license.
AB864,176,6
19(3) Applications for the renewal of
any a license
issued under ss.
29.573 29.865 20to
29.578 29.871 shall be filed with the department on or before the expiration date
21of the license, except that an application for renewal
of this type of license may be
22filed
not more than within 45 days after the expiration date if it is accompanied by
23the late filing fee specified under s.
29.092 (9) (i)
29.563 (9) (b) in addition to the
1regular license or renewal fee. If application for renewal of a license is not made as
2required in this subsection or if a license is terminated for any reason, all rights and
3privileges of the licensee under the license are terminated upon the expiration of the
445-day period provided in this subsection or on the date of termination
, whichever
5occurs first. Thereafter, the lands and waters which were included under the license
6shall be subject to ss.
29.573 29.865 to
29.578 29.871.
AB864, s. 616
7Section
616. 29.573 of the statutes is renumbered 29.865 and amended to
8read:
AB864,176,14
929.865 (title)
Pheasant and quail farms
; department control; shooting
10license. (1) The department may issue
pheasant and quail farm licenses for
11shooting preserves and the releasing,
shooting hunting, possession and use of
12pheasants and quail on pheasant and quail farms if, in the judgment of the
13department, operations under these licenses will result in a net increase in the
14supply of pheasants and quail in the state and will
otherwise be in the public interest.
AB864,176,18
15(2) No license
shall may be
granted issued unless the applicant owns or
has
16under lease leases the
area
land for which the license is
granted issued. Boundaries
17of the
area land that is licensed shall be defined and posted as prescribed by the
18department.
AB864,176,21
19(3) The department shall determine the minimum number of pheasants and
20quail to be released for
shooting purposes hunting on the licensed premises and
fix 21establish the time limits during which
said the birds may be hunted.
AB864,177,5
22(4) (a) Until the release of
said pheasants and quail
shall have been certified
23to and accepted is approved by the department
, it
shall be is unlawful to
shoot,
24attempt to shoot or to otherwise take hunt pheasants or quail on
the licensed 25premises
licensed under this section, but when said. When the release
shall have
1been certified and accepted is approved by the department,
and when such persons
2are otherwise lawfully entitled to hunt small game, the licensee and
such other
3persons
as designated by the licensee
designates who are lawfully entitled to hunt
4small game may hunt on the licensed premises, have in possession
, and dispose of
5such by gift the pheasants or quail
by gift.
AB864,177,106
(b) Each licensee shall keep a
correct and complete book record of
licensed birds
7as required by the department
on forms furnished by the department. The licensed
8area premises and records may be inspected by the department
or its wardens at any
9time
. Copies of the records under oath and shall be furnished to the department on
10request.
AB864,177,1511
(c) No pheasant or quail of the
approved species
licensed shall may be removed
12from the
said licensed premises until there
shall have been is securely attached to
13each bird a seal, the type and design of which shall be designated by the department,
14and
such the seal shall remain attached to
said the birds until they are finally
15prepared for consumption.
Such The seal shall be supplied by the department at cost.
AB864,177,18
16(5) Only dead birds which have been killed by
shooting shall hunting may be
17removed from
the licensed premises
licensed under this section, and it
shall be is 18unlawful to sell or attempt to sell or to buy or attempt to buy any
such of these birds.
AB864,177,21
19(6) (a) The department may
promulgate such rules as shall be necessary to
20carry out the intents and purposes of this section, but no rule shall not require that
21an application or report be notarized.
AB864,177,2322
(b) Any person violating
the above provisions subs. (1) to (5) shall forfeit not
23more than $300.
AB864,178,5
24(7) Any person other than the licensee,
agents or persons having permission
25from or a person authorized by the licensee
who are otherwise qualified under this
1chapter to hunt thereon, who hunts
or shoots pheasants or quail
upon any lands
2described in any such license on the licensed premises, is liable
to the licensee for all
3damage which the person does to
said preserve or the pheasants
, or quail
and
4property thereon, but
all actions for such trespass any action to recover damages 5shall be brought by
such the licensee.
Note: The provision that creates liability for damage to the property of a licensed
pheasant and quail farm is eliminated, because this liability exists under general
principles of law and does not need to be restated. The provision that creates liability for
damage resulting from unauthorized hunting of pheasant and quail on a licensed farm
is retained, because this provision negates the ability of the unauthorized hunter to argue
that the pheasant and quail were the property of the state and could be hunted in the
same manner as other animals.
AB864,178,9
6(8) Notwithstanding any other provision of
the statutes to the contrary this
7chapter, no person hunting
upon on a licensed
shooting preserve pheasant or quail
8farm may be is required to hold a hunting license
for hunting those game species for
9which the preserve has been licensed under this section.
AB864, s. 617
10Section
617. 29.574 of the statutes is renumbered 29.867, and 29.867 (1), (2),
11(3), (3m), (3n), (5), (6) (a) and (c), (6m), (7) and (8), as renumbered, are amended to
12read:
AB864,179,213
29.867
(1) The owner or lessee of
any lands
within the state suitable for the
14breeding and propagating of game, birds or animals
as may be approved by the
15department shall have the right may, upon complying with this section,
to establish
,
16operate and maintain a game bird and animal farm for the purpose of breeding,
17propagating, killing and selling game birds and game animals
on such lands, the
18acreage and size of which shall be determined by the department. All waterfowl
19bred, propagated or held on a game bird and animal farm
licensed pursuant to this
20section shall be enclosed within a covered enclosure by the licensee throughout the
1open season for hunting waterfowl in the state
when written or oral notice is given
2to the licensee as required by the department
or its agents.
AB864,179,9
3(2) Such owner or lessee A person desiring to establish
, operate and maintain
4a game bird and animal farm
in conformity with this section, shall file with the
5department
a verified declaration, describing the lands which such applicant for a
6license desires to use for the purpose of breeding and propagating such game birds
7or animals and setting forth also the title and leasehold of the applicant and the
8number of acres embraced in said tract an application in the form and with the
9information required by the department.
AB864,180,5
10(3) Upon
the filing of such declaration
issuance of the license, the department
11shall
forthwith investigate the same and may require the applicant to produce
12satisfactory evidence of the facts therein stated. It will be necessary for the licensee
13to purchase all wild game within the boundaries of the proposed farm of the species
14designated in the license, and to effect this purpose the department thereupon shall 15appoint one
member person, the
applicant
licensee shall appoint one
member 16person, and these 2
appointees shall select a 3rd
member, the 3 to act as a board to
17go upon the lands embraced within the proposed license and person, to determine as
18near accurately as possible the number of wild birds and animals of the desired
19species
thereon on the land at the time of the
granting issuing of the license. The
20necessary expenses of
all of the members of such board
these persons shall be paid
21by the licensee. Within 30 days after the date of
such the determination as
accepted 22approved by the department
, the licensee shall pay to the department a specified sum
23as may be determined by the department for those species of wild birds
or wild and 24animals on the
lands licensed premises that are desired for propagation purposes,
25the title of which
rests is in the state.
If upon such examination it appears that the
1applicant is the owner or lessee of said lands, and the applicant intends in good faith
2to establish, operate and maintain a game bird and animal farm, the department
3shall issue a license to the applicant describing such lands, and certifying that the
4licensee is lawfully entitled to use the same for the breeding, propagating, killing and
5selling of such game birds and animals thereon according to this section.
AB864,180,10
6(3g) When
such license has been granted the payment under sub. (3g) has been
7made, the licensee shall become the owner of all
such game birds or animals
thereon 8of the species licensed and of all of their offspring actually produced
thereon and
9remaining
thereon on the licensed premises, subject
however to the jurisdiction of
10the department over all game.
AB864,180,21
11(3m) No game bird and animal farm license
shall may be issued after May 24,
121961,
other than those already in operation except for those which are already being
13maintained, for any area less than one-quarter mile from the exterior boundaries of
14an approved a state or federal wildlife area, public hunting grounds or refuge which
15is managed in whole or in part for pheasants
. All lands under one license shall be
16contiguous. This section shall not prohibit the licensing of game bird and animal
17farms within one-quarter mile of approved state or federal wildlife areas, public
18hunting grounds, or refuges provided such, unless the licensed
farms premises are
19completely enclosed
, including an enclosed top of woven wire with mesh not larger
20than 6 inches as required by the department. All lands under one license shall be
21contiguous.
AB864,181,3
22(3n) Within 30 days after
the date of the issuance of
any such a game bird and
23animal farm license, the licensee shall
erect posts or stakes post signs at intervals
24of not more than
80 rods 440 yards along the boundary of the
land embraced in said
25license, wherever the same is not already enclosed, and shall post and maintain,
1upon said posts, stakes or other enclosure, notices proclaiming the establishment of 2licensed premises stating that the premises is a game bird and animal farm.
Such
3notices The signs shall be furnished by the department to the licensee at cost.
AB864,181,13
4(5) Such A game bird and animal farm license
shall be is prima facie evidence
5in all courts and proceedings of the
lawful right of the licensee
therein named or the
6licensee's successors or assigns,
for during the term of the license, to establish and
7operate such maintain a game bird and animal farm
upon said on the licensed 8premises, and
shall entitle entitles the licensee
therein named, or the licensee's
9successors or assigns,
during the term of the license, to the exclusive right
for and 10during said term to breed and propagate
such game birds and animals
thereon on
11the licensed premises, and to the exclusive
and sole ownership of
any property in all
12such licensed game birds and animals
caught or taken
therefrom on the licensed
13premises.
AB864,182,6
14(6) (a)
Such The game birds and animals, except waterfowl, may be taken at
15any time in any manner, subject to s.
29.245 29.314, by
persons qualified under this
16chapter any person who is lawfully entitled to hunt
thereon on the licensed premises,
17except that such a person hunting on the licensed premises is not required to hold
18a hunting license. Waterfowl may only be taken
pursuant to the under rules
19promulgated by the department
and in effect governing the hunting of waterfowl,
20except that upon written application the department may authorize the taking of
21hand-reared mallards at any time within the boundaries of a licensed game bird and
22animal farm in numbers not to exceed those liberated or propagated when
it appears
23to the satisfaction of the department
determines that only mallards liberated or
24propagated by the licensee will be taken on
such farm
licensed premises. The
25applicant shall certify to the department that mallards liberated or propagated for
1shooting hunting were produced and reared in captivity and are more than 2
2generations removed from the wild. Hand-reared mallards
shall may not be
3released for
shooting hunting purposes unless
such the mallards have first been
4identified as the department directs. Mallards confined to wholly enclosed pens or
5buildings may be taken within such pens or buildings at any time and in any
6numbers.
AB864,182,21
7(b) No
such game bird or animal or mallards killed on
such farm the licensed
8premises and no live game bird or animal or mallards to be consumed as food
shall 9may be removed
therefrom from the premises until there has been securely fastened
10to each bird or animal a band or tag furnished by the department to the licensee at
11cost.
Such The band or tag shall remain attached to the bird or animal until prepared
12for consumption. Live birds and animals may be sold or transported. Each container
13carrying such live birds or animals shall have attached
thereto to it a band or tag
as
14set forth above furnished by the department. Live birds or animals acquired from
15the licensee to be consumed as food
shall may not be kept
in a live condition alive by
16any person beyond 48 hours from the time
such that the birds or animals were
17acquired from
such the licensee.
Correct and complete book records of sales and
18purchases of live birds and animals disclosing the time and date of such sales and
19whether or not such live birds and animals were acquired to be consumed as food
20shall be kept by the licensee. Certified copies of such records shall be furnished by
21the licensee to the department on request, on forms furnished by the department.
AB864,182,2422
(c) Whenever any
such bird or animal
shall be from a game bird and animal
23farm is consumed for food, the
band or tag attached to
such the bird or animal shall
24be kept
in evidence until
such the bird or animal is consumed.
AB864,183,3
1(6m) Notwithstanding any other provision of
the statutes to the contrary this
2chapter, no person hunting
upon on a
licensed game bird and animal farm
shall be 3is required to hold a hunting license.
AB864,183,10
4(7) Any person other than the licensee,
the licensee's bona fide regular
5employes, or persons having permission from or a person authorized by the licensee
, 6who
shall hunt or shoot hunts game birds or animals
upon any lands described in any
7such license, shall be on the licensed premises is liable to the licensee in the sum of
8$100, in addition to all damage which the person
may do to the farm or does to the
9game birds or animals
, and property thereon, but
all actions for such trespass any
10action to recover damages shall be brought by
such
the licensee.
Note: The provision that creates liability for damage to the property of a licensed
game bird and animal farm is eliminated, because this liability exists under general
principles of law and does not need to be restated. The provision that creates liability for
damage resulting from unauthorized hunting on a licensed game bird and animal farm
is retained, because this provision negates the ability of the unauthorized hunter to argue
that the game birds and animals were the property of the state and could be hunted in
the same manner as other animals.
AB864,183,15
11(8) Each licensee shall keep
a correct and complete book record of licensed
12animals and birds records as required by the department
of natural resources on the
13forms furnished by the department. The licensed
area premises and records may be
14inspected by the department
or its wardens at any time
. Copies of the records under
15oath and copies of the records shall be furnished to the department on request.
AB864, s. 618
16Section
618. 29.575 of the statutes is renumbered 29.869, and 29.869 (1)
17(intro.) and (c) and (2) to (10), as renumbered, are amended to read:
AB864,184,218
29.869
(1) (intro.) The owner or lessee of any lands suitable for the breeding
19and propagating of fur animals may, upon complying with this section, establish
,
20operate and maintain
on such lands a fur animal farm, for the purpose of breeding,
21propagating, trapping and dealing in fur animals. Fur animal farms
as licensed
1under this section shall be of one or more of the following categories as specified in
2the license:
AB864,184,33
(c) Mink, except domestic mink as defined in s.
29.579 29.873.
AB864,184,10
4(2) Such owner or lessee A person desiring to establish
, operate and maintain
5a fur animal farm
, in conformity with this section, shall file with the department
a
6verified declaration describing the lands which such applicant desires to use for the
7purpose of breeding and propagating fur animals and setting forth the title or
8leasehold of the applicant and the number of acres which will be maintained as a fur
9animal farm. Acres an application in the form and with the information required by
10the department. The land under one license need not be contiguous.
AB864,184,19
11(3) Upon the filing of such declaration the department shall investigate and
12may require the applicant to produce satisfactory evidence of the facts stated in the
13declaration. If
it appears that the applicant is the owner or lessee of the lands,
the
14land is suitable for the breeding and propagating of fur animals and
that the
15applicant intends in good faith to establish
, operate and maintain a fur animal farm,
16the department shall issue a license to the applicant. The license shall describe the
17lands and
shall certify that authorize the licensee
is entitled to use the same for
18dealing, breeding, propagating and trapping to breed, propagate, trap and deal in fur
19animals
that are on the
land described in the license licensed premises.
AB864,185,11
20(4) Upon issuance of the license, the department shall appoint one person, the
21applicant licensee shall appoint one person, and these 2
appointees shall select a 3rd
22person
, to
enter the lands and determine the number of fur animals
thereon on the
23land at the time of the
granting issuing of the license. The necessary expenses of
24these persons shall be paid by the licensee. Within 10 days after the date of
such the 25determination, the licensee shall pay to the department $2.50 for each beaver, 50
1cents for each muskrat, $2.50 for each mink, $2.50 for each otter, $1 for each raccoon,
2and 50 cents for each skunk
so found on
such lands the land. Only those animals to
3be licensed under the fur animal farm are to be paid for. When
such payment has
4been made
, the licensee
shall become
becomes the owner of
such the fur animals on
5said lands the licensed premises and of all of their offspring
remaining thereon on
6the premises. The licensee
shall have the right to may manage and control
said lands 7the licensed premises and the licensed fur animals
thereon, to on the premises, take
8the
same animals at any time or in any manner, subject to s.
29.245, which the
9licensee sees fit and deems to the best advantage of the licensee's business 29.314,
10and
to sell and transport at any time
said the fur animals or the pelts taken from
11them.
AB864,185,18
12(6) Within 30 days after
the date of
the issuance of
any such a fur animal farm 13license, the licensee shall
erect posts or stakes
post signs at intervals of not more than
1480 rods 440 yards along the boundary of the
land embraced in the license wherever
15the lands are not already enclosed, and shall post and maintain upon the posts,
16stakes or other enclosures notices proclaiming the establishment of
licensed
17premises stating that the premises are a fur animal farm.
Such notices The signs 18shall be furnished by the department to the licensee at cost.
AB864,185,25
19(7) A
valid fur animal farm license is prima facie evidence
in all courts and
20proceedings of the right of the licensee
, or the licensee's successors or assigns
, during
21the term of the license, to establish and
operate
maintain a fur animal farm
upon on 22the
licensed premises and entitles the licensee
, or the licensee's successors or
23assigns
, during the term of the license, to the exclusive right to breed and propagate
24fur animals
upon on the
licensed premises and to the exclusive
and sole ownership
25of
any property in all fur animals
caught or taken
on the licensed premises.
AB864,186,6
1(8) Any person, other than the licensee
, or
agents a person authorized by the
2licensee, who hunts or traps fur animals upon
any lands described in any such license
3shall be on the licensed premises is liable to the licensee in the sum of $100, in
4addition to all damage which the person does
to the farm or to the fur animals
and
5property, but
all actions for such trespass any action to recover damages shall be
6brought by
such the licensee.
Note: The provision that creates liability for damage to the property of a licensed
fur farm is eliminated, because this liability exists under general principles of law and
does not need to be restated. The provision that creates liability for damage resulting
from unauthorized hunting or trapping on a licensed fur farm is retained, because this
provision negates the ability of the unauthorized hunter to argue that the animals were
the property of the state and could be hunted or trapped in the same manner as other
animals.
AB864,186,11
7(9) Each licensee shall keep
a correct and complete book record of licensed
8animals records as required by the department
on the forms furnished by the
9department. The licensed
area premises and records may be inspected by the
10department
or deputies at any time
. Certified and copies of
such
the records shall
11be furnished to the department on request.
AB864,186,13
12(10) Nothing in this section
shall be construed to affect affects any public right
13of hunting, fishing or navigation except as
herein expressly provided.
AB864, s. 619
14Section
619. 29.578 (title) of the statutes is renumbered 29.871 (title).
AB864, s. 620
15Section
620. 29.578 (1) of the statutes is renumbered 29.871 (1) and amended
16to read:
AB864,187,217
29.871
(1) The owner or lessee of any lands
within this state suitable for
18breeding and propagating of deer
shall have the right
may, upon complying with this
19section
to, establish
, operate and maintain a deer farm for the purpose of breeding,
20propagating, killing and selling deer
on such lands, the acreage and size of which
1shall be determined by the department. Such deer farm must be completely inclosed
2by a fence. Any.
AB864,187,8
3(4m) Any streams whether meandered or not, flowing into or out of an
inclosed 4enclosed deer farm, and of a swampy, marshy or boggy character and not navigable
5in fact at all times of the year by ordinary boats or pleasure craft, and which are not
6of any substantial beneficial use to the public, shall not be considered navigable so
7as to prevent erection and maintenance over them, of the type of fence prescribed and
8permitted by this section.
AB864, s. 621
9Section
621. 29.578 (1m) of the statutes is renumbered 29.871 (1m).
AB864, s. 622
10Section
622. 29.578 (2) of the statutes is renumbered 29.871 (2) and amended
11to read:
AB864,187,1712
29.871
(2) Such owner or lessee A person desiring to establish
, operate and
13maintain a deer farm
in conformity with this section shall file with the department
14a verified declaration, describing the lands which such applicant for a license desires
15to use for the purpose of breeding and propagating deer and setting forth also the title
16or leasehold of the applicant and the number of acres embraced in said tract an
17application in the form and with the information required by the department.
AB864, s. 623
18Section
623. 29.578 (3) of the statutes is renumbered 29.871 (4g) and amended
19to read:
AB864,188,520
29.871
(4g) Upon
the filing of such declaration the department shall forthwith
21investigate the same and may require the applicant to produce satisfactory evidence
22of the facts therein stated. Upon receipt of such declaration
issuance of the license, 23the department shall determine as
near accurately as possible the number of deer
24on
such lands the licensed premises. The necessary expenses of
such investigation 25the determination shall be paid by the licensee.
The licensee shall pay the
1department $25 for each deer found on the license premises. When payment has
2been made, the licensee becomes the owner of all of the deer on the licensed premises
3and of all of the offspring on the licensed premises. The licensee may manage and
4control the licensed premises and the deer on the premises, kill the deer subject to
5s. 29.314 and sell the deer as provided under this section.
AB864, s. 624
6Section
624. 29.578 (4) to (13) of the statutes are renumbered 29.871 (4) to (13)
7and amended to read:
AB864,189,28
29.871
(4) The licensee shall pay to the department $25 for each deer so found
9on such lands. When such payment has been made and the license issued, the
10licensee shall become the owner of all deer on said lands and of all their offspring.
11The licensee shall have the right to manage and control said lands and the deer
12thereon, to kill the deer, subject to s. 29.245, and to sell the deer as provided by this
13section. If upon examination it shall appear that If the applicant is the owner or
14lessee of
said the lands
, and
that the applicant intends in good faith to establish
,
15operate and maintain a deer farm, the department may inform the applicant that
, 16as soon as the applicant has built a suitable deer fence around the
area premises to
17be included within the license, it will issue
the same. Said a license. The applicant
18shall install a deer-tight fence
shall be built in accordance with specifications
19prescribed by the department
; provided, the department may issue a license for such
20deer farms heretofore established if the fence actually inclosing said farm is in fact
21sufficient to hold deer therein. After the
complete installation of
such the fence
and
22after, the department
has satisfied itself that it is satisfactory and complies with the
23law, it may shall issue a license to the applicant
describing such. The license shall
24describe the lands
, and certifying that and authorize the licensee
is lawfully entitled
25to use the same for the breeding, propagating, killing and selling of deer thereon
1according to this section to breed, propagate, kill and sell the deer that are on the
2licensed premises.
AB864,189,4
3(5) The deer farm license shall be renewed each year if the licensee has not
4violated any of the provisions under which it was
granted issued.
AB864,189,12
5(6) Such A deer farm license
shall be is prima facie evidence
in all courts and
6proceedings of the
lawful right of the licensee
therein named or the licensee's
7successors or assigns,
for during the term of the license, to establish and
operate 8maintain a deer farm
upon said on the licensed premises, and
shall entitle entitles 9the licensee
therein named or the licensee's successors or assigns,
during the term
10of the license, to the exclusive right
for and during said term to breed
and, propagate
,
11kill subject to s. 29.314 and sell deer
thereon
on the land, and to the exclusive
and
12sole ownership of
any property in all deer
caught or taken
therefrom on the land.