AB864: Bill Text

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 (9) Each licensee shall keep a correct and complete book record of licensed animals records as required by the department on the forms furnished by the department. The licensed area premises and records may be inspected by the department or deputies at any time. Certified and copies of such the records shall be furnished to the department on request.

AB864,186,13 (10) Nothing in this section shall be construed to affect affects any public right of hunting, fishing or navigation except as herein expressly provided.

AB864, s. 619 Section 619. 29.578 (title) of the statutes is renumbered 29.871 (title).

AB864, s. 620 Section 620. 29.578 (1) of the statutes is renumbered 29.871 (1) and amended to read:

AB864,187,2 29.871 (1) The owner or lessee of any lands within this state suitable for breeding and propagating of deer shall have the right may, upon complying with this section to, establish, operate and maintain a deer farm for the purpose of breeding, propagating, killing and selling deer on such lands, the acreage and size of which shall be determined by the department. Such deer farm must be completely inclosed by a fence. Any.

AB864,187,8 (4m) Any streams whether meandered or not, flowing into or out of an inclosed enclosed deer farm, and of a swampy, marshy or boggy character and not navigable in fact at all times of the year by ordinary boats or pleasure craft, and which are not of any substantial beneficial use to the public, shall not be considered navigable so as to prevent erection and maintenance over them, of the type of fence prescribed and permitted by this section.

AB864, s. 621 Section 621. 29.578 (1m) of the statutes is renumbered 29.871 (1m).

AB864, s. 622 Section 622. 29.578 (2) of the statutes is renumbered 29.871 (2) and amended to read:

AB864,187,17 29.871 (2) Such owner or lessee A person desiring to establish, operate and maintain a deer farm in conformity with this section shall file with the department a verified declaration, describing the lands which such applicant for a license desires to use for the purpose of breeding and propagating deer and setting forth also the title or leasehold of the applicant and the number of acres embraced in said tract an application in the form and with the information required by the department.

AB864, s. 623 Section 623. 29.578 (3) of the statutes is renumbered 29.871 (4g) and amended to read:

AB864,188,5 29.871 (4g) Upon the filing of such declaration the department shall forthwith investigate the same and may require the applicant to produce satisfactory evidence of the facts therein stated. Upon receipt of such declaration issuance of the license, the department shall determine as near accurately as possible the number of deer on such lands the licensed premises. The necessary expenses of such investigation the determination shall be paid by the licensee. The licensee shall pay the department $25 for each deer found on the license premises. When payment has been made, the licensee becomes the owner of all of the deer on the licensed premises and of all of the offspring on the licensed premises. The licensee may manage and control the licensed premises and the deer on the premises, kill the deer subject to s. 29.314 and sell the deer as provided under this section.

AB864, s. 624 Section 624. 29.578 (4) to (13) of the statutes are renumbered 29.871 (4) to (13) and amended to read:

AB864,189,2 29.871 (4) The licensee shall pay to the department $25 for each deer so found on such lands. When such payment has been made and the license issued, the licensee shall become the owner of all deer on said lands and of all their offspring. The licensee shall have the right to manage and control said lands and the deer thereon, to kill the deer, subject to s. 29.245, and to sell the deer as provided by this section. If upon examination it shall appear that If the applicant is the owner or lessee of said the lands, and that the applicant intends in good faith to establish, operate and maintain a deer farm, the department may inform the applicant that, as soon as the applicant has built a suitable deer fence around the area premises to be included within the license, it will issue the same. Said a license. The applicant shall install a deer-tight fence shall be built in accordance with specifications prescribed by the department; provided, the department may issue a license for such deer farms heretofore established if the fence actually inclosing said farm is in fact sufficient to hold deer therein. After the complete installation of such the fence and after, the department has satisfied itself that it is satisfactory and complies with the law, it may shall issue a license to the applicant describing such. The license shall describe the lands, and certifying that and authorize the licensee is lawfully entitled to use the same for the breeding, propagating, killing and selling of deer thereon according to this section to breed, propagate, kill and sell the deer that are on the licensed premises.

AB864,189,4 (5) The deer farm license shall be renewed each year if the licensee has not violated any of the provisions under which it was granted issued.

AB864,189,12 (6) Such A deer farm license shall be is prima facie evidence in all courts and proceedings of the lawful right of the licensee therein named or the licensee's successors or assigns, for during the term of the license, to establish and operate maintain a deer farm upon said on the licensed premises, and shall entitle entitles the licensee therein named or the licensee's successors or assigns, during the term of the license, to the exclusive right for and during said term to breed and, propagate , kill subject to s. 29.314 and sell deer thereon on the land, and to the exclusive and sole ownership of any property in all deer caught or taken therefrom on the land.

AB864,190,2 (7) Deer on a deer farm shall may be killed only by the licensee or bona fide regular the licensee's employes except that on licensed deer farms, not less than 10 acres in area, deer may be killed by persons expressly authorized by the licensee who are otherwise qualified under this chapter lawfully entitled to hunt deer except that no any person hunting upon on a licensed deer farm shall be is not required to hold a hunting license for deer; and all such. All deer killed on a deer farm shall be distinctly tagged with a tag to be furnished by the department to the licensee at cost not exceeding 5 cents each. The licensee shall pay to the department $1 for each deer so killed. Before any deer on a licensed deer farm shall may be killed, the licensee shall notify the department or one of its representatives in advance of the taking of such the deer, and the department or its representatives shall make acknowledgment of acknowledge receipt of said the notice and such the acknowledgment when received by the licensee shall be is authority for taking deer. The department or any of its duly authorized representatives may be present while the taking of such deer is in progress.

AB864,190,7 (8) After a deer is so killed and tagged, only the entire carcass only shall may be sold and transported, except as provided in sub. (14). The tag must shall remain on the carcass while in transit. A deer farm tag may be removed from a gutted carcass at the time of butchering, but the person who killed or obtained the deer shall retain the tag until the meat is consumed.

AB864,190,18 (9) Such A licensee may sell and transport live deer providing that the department or one of its representatives be is notified in advance of the shipment of such deer, and the department or its representatives shall make acknowledgment of acknowledges receipt of said the notice and such. The acknowledgment when received by the licensee shall be is the licensee's authority for shipping deer. The licensee shall pay to the department $1 for each live deer sold, and each crate or conveyance carrying such live deer must shall have a special tag or tags attached thereto to it for each live deer transported therein, showing that it is a deer from a deer farm. The data on such the tag or tags shall be entered in ink or indelible pencil and such the tag or tags shall be retained by the purchaser of said live the deer. Such The tags shall be furnished by the department, its wardens or agents.

AB864,190,24 (10) Any person other than the licensee, or the licensee's employes, who shall hunt or trap hunts deer upon any lands described in any such license shall be on the licensed premises is liable to the licensee in the sum of $100 in addition to all damage which the person may do to said farm or does to the deer and property thereon, but all actions for such trespass any action to recover damages shall be brought by such the licensee.

Note: The provision that creates liability for damage to the property of a licensed deer 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 deer farm is retained, because this provision negates the ability of the unauthorized hunter to argue that the deer were the property of the state and could be hunted in the same manner as deer elsewhere in the state.

AB864,192,4 (11) Each license shall be accepted by the licensee upon the condition that the licensee will comply with this section and with all provisions of law and that the licensee will honestly operate said deer farm for the purpose of propagating deer; that the and title to the deer in the inclosure for which a license has been granted and for which the applicant has paid the state at the rate of $25 per deer, enclosure shall be conditional conditioned upon the applicant and licensee honestly and fairly complying with this section and provisions of law other statutes and rules relating to the operation maintenance of deer farms; and in the. In an action to revoke the license of said licensee, or to establish the licensee's unfitness to further operate said deer farm, the court, in the judgment, in the event it is determined that the applicant and licensee has violated this section and the provisions of law relating to the operation of deer farms, shall provide that the title to all of the deer within said inclosure together with all of the increase therefrom be the enclosure is forfeited to the state; that the said tract of land shall licensed premises may not be used for a deer farm for a period of 5 years and until a new license therefor, after said 5 years, has been issued by the department as provided in this section after the 5-year period; that the department shall within 30 days of the notice of entry of judgment enter upon said tract the premises and open the said fences in such a manner as to give the inclosed animals free egress and may drive the said animals out of the inclosure if in the opinion of the department it is for the best interests of the state; said enclosure; that the lands for which said the license has been forfeited may be used by the owner thereof for all lawful purposes except the propagating of deer during said time,; and that during said 5 year the 5-year period said lands shall be a sanctuary and no hunting or trapping of any kind or character shall be practiced therein or thereon is prohibited on the land. The department shall in such event duly post notices thereof of the judgment at intervals of 10 rods 55 yards around the entire tract premises.

AB864,192,10 (12) On or before January 1 of each year, each such licensee shall make a report to the department, covering the period from January 1 to December 31 of for the previous calendar year, upon blanks on forms furnished by the department, stating the number of deer killed and sold and live deer sold during said period, the names and addresses of the persons to whom the same deer were sold and the dates of shipment.

AB864,192,13 (13) The department or its wardens shall have the right and power to may inspect such deer farms or the books records of such deer farms at any and all times when they may think the need requires it time.

AB864, s. 625 Section 625. 29.578 (14) (a) of the statutes is renumbered 29.871 (14) (a) and amended to read:

AB864,192,20 29.871 (14) (a) No person may barter, sell or otherwise deal in the carcasses of deer taken from a deer farm unless the person obtains a deer farm sales license from the department. Each carcass of this type of deer that is sold by a person under this license is required to have a distinctive tag attached to it. The department shall issue these furnish deer farm sales tags at cost.

AB864, s. 626 Section 626. 29.578 (14) (am) of the statutes, as affected by 1997 Wisconsin Act 35, is renumbered 29.871 (14) (am) and amended to read:

AB864,193,2 29.871 (14) (am) The department may issue special retail deer sale permits authorizing a person to sell at retail white-tailed deer venison in the carcass from a deer lawfully killed under this section to any retailer of meats if the venison is inspected under s. 97.42.

AB864, s. 627 Section 627. 29.578 (14) (b) of the statutes is renumbered 29.871 (14) (b) and amended to read:

AB864,193,11 29.871 (14) (b) Any The department may issue a venison serving permit authorizing a person may to serve venison obtained from a deer farm licensed under this section if the person has a venison serving permit from the department. The application for this permit shall be in the form and include the information the department requires. If the The department after investigation is satisfied that the application is satisfactory it shall may issue a venison serving permit conditioned as follows:

AB864,193,13 2. It shall be exhibited in a conspicuous place in the premises where such venison is retained and served.

AB864,193,19 3. It shall contain the name and address of the applicant together with, the name and address of the premises where the venison will be retained and served, together with the source of the venison, and the sex, approximate weight and deer farm tag numbers of the carcass. The deer farm tag may be removed from a gutted carcass at the time of butchering, but the person who killed or obtained the deer shall retain the tag until the venison is consumed.

AB864,193,22 4. The permittee agrees to shall record immediately upon possession all additional venison, purchased, possessed or served during under the permit period in the space provided therefor on the permit.

AB864,193,25 5. The permittee agrees that the department or its wardens shall have the right to may inspect the premises where such venison is retained or served and that the venison will be inspected under s. 97.42.

AB864, s. 628 Section 628. 29.578 (14) (c) of the statutes is renumbered 29.871 (14) (b) 6. and amended to read:

AB864,194,6 29.871 (14) (b) 6. Each The permittee under par. (b) shall file a verified report to with the department within 30 days after the expiration of the permit containing such information regarding the operations under the permit as the department requires on forms furnished in the form required by the department.

AB864, s. 629 Section 629. 29.578 (15) and (16) of the statutes are renumbered 29.871 (15) and (16).

AB864, s. 630 Section 630. 29.579 of the statutes is renumbered 29.873 and amended to read:

AB864,194,18 29.873 Domestic fur-bearing animal farms. The breeding, raising and producing in captivity, and the marketing, by the producer, of foxes, fitch, nutria, marten, fisher, mink, chinchilla, rabbit or caracul, as live animals, or as animal pelts or carcasses shall be deemed considered an agricultural pursuit, and all such animals so raised in captivity shall be deemed considered domestic animals, subject to all the laws of the state with reference to possession, ownership and taxation as are at any time applicable to domestic animals. All persons engaged in the foregoing activities are farmers and engaged in farming for all statutory purposes.

AB864, s. 631 Section 631. 29.583 of the statutes is renumbered 29.875 and amended to read:

AB864,195,2 29.875 Disposal of escaped deer. (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 29.867 or 29.578 29.871 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.

AB864,195,6 (2) Notwithstanding sub. (1), the department of natural resources may dispose of the deer immediately if the department of agriculture, trade and consumer protection determines that the deer poses a risk to public safety or to the health of other domestic or wild animals.

AB864, s. 632 Section 632. 29.585 (title) of the statutes is renumbered 29.877 (title).

AB864, s. 633 Section 633. 29.585 (1) of the statutes is renumbered 29.877 (2m) and amended to read:

AB864,195,14 29.877 (2m) The department may grant issue licenses for wildlife exhibits which are defined as any place where one or more live wild animals are kept in captivity for the purpose of exhibition or for advertising purposes. The and shall prescribe the form of the application and license shall be prescribed by the department.

AB864, s. 634 Section 634. 29.585 (2) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.877 (2) (intro.) and amended to read:

AB864,195,17 29.877 (2) (intro.) In this section, "wild:

AB864,195,21 (a) "Wild animal" means any mammal, fish or bird of a wild nature as distinguished from domestic animals under the common law or under the statutes whether or not the mammal, fish or bird was bred or reared in captivity, but does not include deer of the genus dama, cervus or rangifer or farm-raised fish.

AB864, s. 635 Section 635. 29.585 (2) (b) to (6) of the statutes are renumbered 29.877 (2) (b) to (6) and amended to read:

AB864,196,4 29.877 (2) (b) "Wildlife exhibit" means any place where live wild animals are kept in captivity for the purpose of exhibition or for advertising purposes, but does not include the exhibition of any live wild animal by any educational institution, state department agency, public zoo, park or garden, circus or theatrical exhibition or any such exhibition sponsored by any organization with the approval of the department.

AB864,196,8 (3) No wildlife exhibition exhibit license shall may be granted by the department until it is satisfied that the provisions for housing and caring for such the wild animals and for protecting the public are proper and adequate and in accordance with the standards therefor established by the department.

AB864,196,11 (4) The department shall promulgate and enforce rules for the housing, care, treatment, feeding and sanitation of wild animals kept in wildlife exhibits and for the protection of the public from injury by the wild animals.

AB864,196,19 (5) No person may keep any live wild animal in captivity for the purpose of exhibition or for advertising purposes or have any wild animal in his or her custody or under his or her control for such purpose maintain a wildlife exhibit, unless the person has a wildlife exhibit license is issued to the person by the department. A wildlife exhibit license is required in addition to any game bird and animal farm or fur farm license or deer farm license under s. 29.578 that is required for the possession, breeding, propagating or dealing of these wild animals if these farms are wildlife exhibits as defined under sub. (1).

AB864,196,23 (6) Each licensee shall file an annual, verified a report with the department within 30 days after the expiration of such the license containing such information on the operation of the wildlife exhibit as the department may require and on forms furnished by the department.

AB864, s. 636 Section 636. 29.586 of the statutes is renumbered 29.879, and 29.879 (1) to (3), as renumbered, are amended to read:

AB864,197,5 29.879 (1) The department has the authority to may examine all lands, together with and buildings, licensed as game bird and animal farms, deer farms or , fur farms or wildlife exhibits to determine that all whether wild animals held in captivity on such licensed farms are treated in a humane manner and confined under sanitary conditions with proper and adequate housing, care and food.

AB864,197,8 (2) The department may order any licensee to comply with standards prescribed in such the order for the housing, care, treatment, feeding and sanitation of wild animals held in captivity by the licensee.

AB864,197,11 (3) Any such The licensee who fails to shall comply with such the order of the department within 10 days of its issuance will be subject to penalties provided in s. 29.99.

AB864, s. 637 Section 637. 29.59 (title) and (1) (intro.) and (a) of the statutes are renumbered 29.885 (title) and (1) (intro.) and (a).

AB864, s. 638 Section 638. 29.59 (1) (b) of the statutes is repealed.

AB864, s. 639 Section 639. 29.59 (1) (c) to (e) of the statutes are renumbered 29.885 (1) (c) to (e).

AB864, s. 640 Section 640. 29.59 (1) (f) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.885 (1) (f).

Note: The definition of "daylight hours" is repealed and the substance of the definition is moved to current s. 29.59 (3) (c) (intro.), the only occurrence of that term.

AB864, s. 641 Section 641. 29.59 (2) to (7) of the statutes are renumbered 29.885 (2) to (7), and 29.885 (3) (c) (intro.) and 3., (4m) and (5), as renumbered, are amended to read:

AB864,198,2 29.885 (3) (c) (intro.) A person who owns, leases or occupies property outside an incorporated municipality on which a wild animal or a structure of a wild animal is allegedly causing damage and who has made a complaint under par. (a), may remove the wild animal or the structure during daylight hours at any time from one hour before sunrise until one hour after sunset if all of the following conditions apply:

AB864,198,5 3. The wild animal is not of an endangered or threatened species under s. 29.415 29.604 and is not a migratory bird on the list in 50 CFR 10.13 that is promulgated under 16 USC 701.

AB864,198,11 (4m) Hunting allowed. If the department removes or authorizes the removal of a wild animal or the structure of a wild animal under sub. (3) (b), the person who owns, leases or occupies the property on which the damage occurred shall open the property to others for hunting and trapping for one year beginning on the date on which the removal activity started unless hunting is prohibited under this chapter, rules promulgated under this chapter or under any municipal ordinance.

AB864,198,17 (5) Abatement. (a) The department may refuse to investigate under sub. (3) (a) if the person making the complaint refuses to participate in any available wildlife damage abatement program administered under s. 29.598 29.889 or refuses to follow reasonable abatement measures recommended by the department or by the county in which the property is located if the county participates in a wildlife damage abatement program.

AB864,198,21 (b) Before taking action under sub. (3) (b) or (4), the department may require the person making the complaint to participate in any available wildlife damage abatement program administered under s. 29.598 29.889 or to follow reasonable abatement measures recommended by the department.

AB864, s. 642 Section 642. Subchapter VIII (title) of chapter 29 [precedes 29.591] of the statutes is created to read:

AB864,198,24 Chapter 29

AB864,199,2 Subchapter VIII Education and Training

AB864, s. 643 Section 643. 29.595 of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 29.887.

AB864, s. 644 Section 644. 29.597 (6) (b) (intro.) of the statutes is created to read:

AB864,199,7 29.597 (6) (b) (intro.) The following persons are exempt from the requirement under par. (a):

AB864, s. 645 Section 645. 29.598 (title) of the statutes is renumbered 29.889 (title).

AB864, s. 646 Section 646. 29.598 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.889 (1).

AB864, s. 647 Section 647. 29.598 (2) (title) and (a) of the statutes are renumbered 29.889 (2) (title) and (a).

AB864, s. 648 Section 648. 29.598 (2) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.889 (2) (b).

AB864, s. 649 Section 649. 29.598 (2) (c) of the statutes is renumbered 29.889 (2) (c) and amended to read:

AB864,199,22 29.889 (2) (c) Review of county administration plans. The department shall provide guidelines to counties applying for participation in the wildlife damage abatement and wildlife damage claim programs under sub. (3) (b). The department shall review each plan of administration submitted under sub. (3) (c) and shall approve the plan if it is in substantial compliance with sub. (3) (c) and the administrative rules promulgated by the department under this section.

AB864, s. 650 Section 650. 29.598 (2) (d) of the statutes is renumbered 29.889 (2) (d).

AB864, s. 651 Section 651. 29.598 (3) of the statutes is renumbered 29.889 (3).

AB864, s. 652 Section 652. 29.598 (4) (title) and (a) of the statutes are renumbered 29.889 (4) (title) and (a).

AB864, s. 653 Section 653. 29.598 (4) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.889 (4) (b).

AB864, s. 654 Section 654. 29.598 (4) (bn) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 29.889 (4) (bn).

AB864, s. 655 Section 655. 29.598 (4) (c) of the statutes is renumbered 29.889 (4) (c).

AB864, s. 656 Section 656. 29.598 (5) (title) and (a) of the statutes are renumbered 29.889 (5) (title) and (a).

AB864, s. 657 Section 657. 29.598 (5) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.889 (5) (b).