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.
AB864,190,2
13(7) Deer on a deer farm
shall may be killed only by the licensee or
bona fide
14regular the licensee's employes except that on licensed deer farms, not less than 10
15acres in area, deer may be killed by persons expressly authorized by the licensee who
16are
otherwise qualified under this chapter lawfully entitled to hunt deer except that
17no any person hunting
upon on a licensed deer farm
shall be
is not required to hold
18a hunting license for deer
; and all such. All deer killed
on a deer farm shall be
19distinctly tagged with a tag
to be furnished by the department to the licensee at cost
20not exceeding 5 cents each. The licensee shall pay to the department $1 for each deer
21so killed. Before any deer on a licensed deer farm
shall may be killed, the licensee
22shall notify the department
or one of its representatives in advance of the taking of
23such the deer, and the department
or its representatives shall
make
24acknowledgment of acknowledge receipt of
said the notice and
such the 25acknowledgment when received by the licensee
shall be
is authority for taking deer.
1The department or any of its
duly authorized representatives may be present while
2the taking of
such deer is in progress.
AB864,190,7
3(8) After a deer is
so killed and tagged
, only the entire carcass
only shall may 4be sold and transported, except as provided in sub. (14). The tag
must shall remain
5on the carcass while in transit. A deer farm tag may be removed from a gutted
6carcass at the time of butchering, but the person who killed or obtained the deer shall
7retain the tag until the meat is consumed.
AB864,190,18
8(9) Such A licensee may sell and transport live deer providing that the
9department
or one of its representatives be is notified in advance of the shipment of
10such deer, and the department
or its representatives shall make acknowledgment of 11acknowledges receipt of
said the notice
and such. The acknowledgment when
12received by the licensee
shall be is the licensee's authority for shipping deer. The
13licensee shall pay to the department $1 for each live deer sold, and each crate or
14conveyance carrying
such live deer
must shall have a
special tag
or tags attached
15thereto to it for each live deer
transported therein, showing that it is a deer from a
16deer farm. The data on
such the tag
or tags shall be entered in ink or indelible pencil
17and
such the tag
or tags shall be retained by the purchaser of
said live the deer.
Such 18The tags shall be furnished by the department
, its wardens or agents.
AB864,190,24
19(10) Any person other than the licensee
, or the licensee's employes
, who
shall
20hunt or trap hunts deer
upon any lands described in any such license shall be on the
21licensed premises is liable to the licensee in the sum of $100 in addition to all damage
22which the person
may do to said farm or does to the deer
and property thereon, but
23all actions for such trespass any action to recover damages shall be brought by
such 24the 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
1(11) Each license
shall be accepted by the licensee upon the condition that the
2licensee will comply with this section and with all provisions of law and that the
3licensee will honestly operate said deer farm for the purpose of propagating deer;
4that the and title to the deer in the
inclosure for which a license has been granted and
5for which the applicant has paid the state at the rate of $25 per deer, enclosure shall
6be
conditional conditioned upon the
applicant and licensee
honestly and fairly 7complying with this section and
provisions of law
other statutes and rules relating
8to the
operation maintenance of deer farms
; and in the. In an action to revoke the
9license
of said licensee, or to establish the licensee's unfitness to further operate said
10deer farm, the court, in the judgment,
in the event it is determined that the applicant
11and licensee has violated this section and the provisions of law relating to the
12operation of deer farms, shall provide that the title to all of the deer within
said
13inclosure together with all of the increase therefrom be the enclosure is forfeited to
14the state; that the
said tract of land shall licensed premises may not be used for a deer
15farm for a period of 5 years and until a new license
therefor, after said 5 years, has
16been issued by the department
as provided in this section after the 5-year period;
17that the department shall within 30 days of the notice of entry of judgment enter
18upon said tract the premises and open the
said fences
in such a manner as to give the
19inclosed animals free egress and may drive the
said animals out of the
inclosure if
20in the opinion of the department it is for the best interests of the state; said enclosure;
21that the lands for which
said the license has been forfeited may be used by the owner
22thereof for all lawful purposes except the propagating of deer
during said time,; and
1that during
said 5 year
the 5-year period
said lands shall be a sanctuary and no 2hunting or trapping
of any kind or character shall be practiced therein or thereon is
3prohibited on the land. The department shall
in such event duly post notices
thereof 4of the judgment at intervals of
10 rods 55 yards around the entire
tract
premises.
AB864,192,10
5(12) On or before January 1 of each year, each
such licensee shall
make a report
6to the department,
covering the period from January 1 to December 31 of for the
7previous
calendar year,
upon blanks
on forms furnished by the department, stating
8the number of deer killed and sold and live deer sold
during said period, the names
9and addresses of the persons to whom the
same deer were sold and the dates of
10shipment.
AB864,192,13
11(13) The department
or its wardens shall have the right and power to may 12inspect
such deer farms or the
books
records of
such deer farms at any
and all times
13when they may think the need requires it time.
AB864, s. 625
14Section
625. 29.578 (14) (a) of the statutes is renumbered 29.871 (14) (a) and
15amended to read:
AB864,192,2016
29.871
(14) (a) No person may barter, sell or otherwise deal in the carcasses of
17deer taken from a deer farm unless the person obtains a deer farm sales license from
18the department. Each carcass
of this type of deer that is sold
by a person under this
19license is required to have a
distinctive tag attached to it. The department shall
issue
20these furnish deer farm sales tags
at cost.
AB864,193,223
29.871
(14) (am) The department may issue
special retail deer sale permits
24authorizing a person to
sell at retail
white-tailed deer venison
in the carcass from
1a deer lawfully killed under this section
to any retailer of meats if the venison is
2inspected under s. 97.42.
AB864, s. 627
3Section
627. 29.578 (14) (b) of the statutes is renumbered 29.871 (14) (b) and
4amended to read:
AB864,193,115
29.871
(14) (b)
Any The department may issue a venison serving permit
6authorizing a person
may to serve venison obtained from a deer farm licensed under
7this section
if the person has a venison serving permit from the department. The
8application for this permit shall be in the form and include the information the
9department requires.
If the The department
after investigation is satisfied that the
10application is satisfactory it shall may issue a venison serving permit conditioned as
11follows:
AB864,193,1312
2. It shall be exhibited in a conspicuous place in the premises where
such 13venison is retained and served.
AB864,193,1914
3. It shall contain the name and address of the applicant
together with, the
15name and address of the premises where the venison will be retained and served,
16together with the source of the venison,
and the sex, approximate weight and deer
17farm tag numbers of the carcass. The deer farm tag may be removed from a gutted
18carcass at the time of butchering, but the person who killed or obtained the deer shall
19retain the tag until the venison is consumed.
AB864,193,2220
4. The permittee
agrees to shall record immediately upon possession all
21additional venison, purchased, possessed or served
during under the permit
period 22in the space provided
therefor on the permit.
AB864,193,2523
5. The permittee agrees that the department
or its wardens shall have the right
24to may inspect the premises where
such venison is retained or served
and that the
25venison will be inspected under s. 97.42.
AB864, s. 628
1Section
628. 29.578 (14) (c) of the statutes is renumbered 29.871 (14) (b) 6. and
2amended to read:
AB864,194,63
29.871
(14) (b) 6.
Each The permittee
under par. (b) shall file a
verified report
4to with the department within 30 days after
the expiration of the permit containing
5such information
regarding the operations under the permit as the department
6requires
on forms furnished in the form required by the department.
AB864, s. 629
7Section
629. 29.578 (15) and (16) of the statutes are renumbered 29.871 (15)
8and (16).
AB864, s. 630
9Section
630. 29.579 of the statutes is renumbered 29.873 and amended to
10read:
AB864,194,18
1129.873 Domestic fur-bearing animal farms. The breeding, raising and
12producing in captivity, and the marketing, by the producer, of foxes, fitch, nutria,
13marten, fisher, mink, chinchilla, rabbit or caracul, as live animals, or as animal pelts
14or carcasses shall be
deemed considered an agricultural pursuit, and all such
15animals so raised in captivity shall be
deemed considered domestic animals, subject
16to all the laws of the state with reference to possession, ownership and taxation as
17are at any time applicable to domestic animals. All persons engaged in the foregoing
18activities are farmers and engaged in farming for all statutory purposes.
AB864, s. 631
19Section
631. 29.583 of the statutes is renumbered 29.875 and amended to
20read:
AB864,195,2
2129.875 Disposal of escaped deer. (1) The department may seize and dispose
22of or may authorize the disposal of any deer that has escaped from land licensed
23under s.
29.574 29.867 or
29.578 29.871 or owned by a person registered under s.
2495.55 if the escaped deer has traveled more than 3 miles from the land or if the
1licensee or person has not had the deer returned to the land within 72 hours of the
2discovery of the escape.
AB864,195,6
3(2) Notwithstanding sub. (1), the department
of natural resources may dispose
4of the deer immediately if the department of agriculture, trade and consumer
5protection determines that the deer poses a risk to public safety or to the health of
6other domestic or wild animals.
AB864, s. 632
7Section
632. 29.585 (title) of the statutes is renumbered 29.877 (title).
AB864, s. 633
8Section
633. 29.585 (1) of the statutes is renumbered 29.877 (2m) and
9amended to read:
AB864,195,1410
29.877
(2m) The department may
grant
issue licenses for wildlife exhibits
11which are defined as any place where one or more live wild animals are kept in
12captivity for the purpose of exhibition or for advertising purposes. The and shall
13prescribe the form of
the application and license
shall be prescribed by the
14department.
AB864,195,1717
29.877
(2) (intro.) In this section
, "wild:
AB864,195,21
18(a) "Wild animal" means any mammal, fish or bird of a wild nature as
19distinguished from domestic animals under the common law or under the statutes
20whether or not the mammal, fish or bird was bred or reared in captivity, but does not
21include deer of the genus dama, cervus or rangifer or farm-raised fish.
AB864, s. 635
22Section
635. 29.585 (2) (b) to (6) of the statutes are renumbered 29.877 (2) (b)
23to (6) and amended to read:
AB864,196,424
29.877
(2) (b) "Wildlife exhibit"
means any place where live wild animals are
25kept in captivity for the purpose of exhibition or for advertising purposes, but does
1not include the exhibition of any live wild animal by any educational institution,
2state
department agency, public zoo, park or garden, circus or theatrical exhibition
3or any
such exhibition sponsored by any organization with the approval of the
4department.
AB864,196,8
5(3) No wildlife
exhibition exhibit license
shall may be granted by the
6department until it is satisfied that the provisions for
housing and caring for
such 7the wild animals and for protecting the public are
proper and adequate
and in
8accordance with the standards therefor established by the department.
AB864,196,11
9(4) The department shall promulgate
and enforce rules for the
housing, care
,
10treatment, feeding and sanitation of wild animals kept in wildlife exhibits and for
11the protection of the public from injury by the wild animals.
AB864,196,19
12(5) No person may
keep any live wild animal in captivity for the purpose of
13exhibition or for advertising purposes or have any wild animal in his or her custody
14or under his or her control for such purpose maintain a wildlife exhibit, unless
the
15person has a wildlife exhibit license
is issued to the person by the department. A
16wildlife exhibit license is required in addition to any game bird and animal farm or
17fur farm license or deer farm license
under s. 29.578 that is required for the
18possession, breeding, propagating or dealing of these wild animals if these farms are
19wildlife exhibits
as defined under sub. (1).
AB864,196,23
20(6) Each licensee shall file
an annual, verified a report with the department
21within 30 days after
the expiration of
such the license containing such information
22on the operation of the wildlife exhibit as the department may require and on forms
23furnished by the department.
AB864, s. 636
24Section
636. 29.586 of the statutes is renumbered 29.879, and 29.879 (1) to
25(3), as renumbered, are amended to read:
AB864,197,5
129.879
(1) The department
has the authority to may examine all lands
,
2together with and buildings
, licensed as game bird and animal farms, deer farms
or
, 3fur farms
or wildlife exhibits to determine
that all whether wild animals held in
4captivity
on such licensed farms are treated in a humane manner and confined under
5sanitary conditions with proper
and adequate housing, care
and food.
AB864,197,8
6(2) The department may order any licensee to comply with standards
7prescribed in
such the order for the
housing, care
, treatment, feeding and sanitation 8of wild animals held in captivity by the licensee.
AB864,197,11
9(3) Any such The licensee
who fails to shall comply with
such the order of the
10department within 10 days of
its issuance
will be subject to penalties provided in s.
1129.99.
AB864, s. 637
12Section
637. 29.59 (title) and (1) (intro.) and (a) of the statutes are renumbered
1329.885 (title) and (1) (intro.) and (a).
AB864, s. 638
14Section
638. 29.59 (1) (b) of the statutes is repealed.
AB864, s. 639
15Section
639. 29.59 (1) (c) to (e) of the statutes are renumbered 29.885 (1) (c)
16to (e).
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
19Section
641. 29.59 (2) to (7) of the statutes are renumbered 29.885 (2) to (7),
20and 29.885 (3) (c) (intro.) and 3., (4m) and (5), as renumbered, are amended to read:
AB864,198,221
29.885
(3) (c) (intro.) A person who owns, leases or occupies property outside
22an incorporated municipality on which a wild animal or a structure of a wild animal
23is allegedly causing damage and who has made a complaint under par. (a), may
1remove the wild animal or the structure
during daylight hours at any time from one
2hour before sunrise until one hour after sunset if all of the following conditions apply:
AB864,198,53
3. The wild animal is not of an endangered or threatened species under s.
429.415 29.604 and is not a migratory bird on the list in
50 CFR 10.13 that is
5promulgated under
16 USC 701.
AB864,198,11
6(4m) Hunting allowed. If the department removes or authorizes the removal
7of a wild animal or the structure of a wild animal under sub. (3) (b), the person who
8owns, leases or occupies the property on which the damage occurred shall open the
9property to others for hunting and trapping for one year beginning on the date on
10which the removal activity started unless hunting is prohibited under this chapter
,
11rules promulgated under this chapter or
under any municipal ordinance.
AB864,198,17
12(5) Abatement. (a) The department may refuse to investigate under sub. (3)
13(a) if the person making the complaint refuses to participate in any available wildlife
14damage abatement program administered under s.
29.598
29.889 or refuses to follow
15reasonable abatement measures recommended by the department or by the county
16in which the property is located if the county participates in a wildlife damage
17abatement program.
AB864,198,2118
(b) Before taking action under sub. (3) (b) or (4), the department may require
19the person making the complaint to participate in any available wildlife damage
20abatement program administered under s.
29.598 29.889 or to follow reasonable
21abatement measures recommended by the department.
AB864, s. 642
22Section
642. Subchapter VIII (title) of chapter 29 [precedes 29.591] of the
23statutes is created to read:
AB864,198,2424
Chapter 29
AB864,199,2
1Subchapter VIII
2
Education and Training
AB864, s. 644
5Section
644. 29.597 (6) (b) (intro.) of the statutes is created to read:
AB864,199,76
29.597
(6) (b) (intro.) The following persons are exempt from the requirement
7under par. (a):
AB864, s. 645
8Section
645. 29.598 (title) of the statutes is renumbered 29.889 (title).
AB864, s. 647
11Section
647. 29.598 (2) (title) and (a) of the statutes are renumbered 29.889
12(2) (title) and (a).
AB864, s. 649
15Section
649. 29.598 (2) (c) of the statutes is renumbered 29.889 (2) (c) and
16amended to read:
AB864,199,2217
29.889
(2) (c)
Review of county administration plans. The department shall
18provide guidelines to counties applying for participation in the wildlife damage
19abatement and wildlife damage claim programs
under sub. (3) (b). The department
20shall review each plan of administration submitted under sub. (3) (c) and shall
21approve the plan if it is in substantial compliance with sub. (3) (c) and the
22administrative rules promulgated by the department
under this section.
AB864, s. 650
23Section
650. 29.598 (2) (d) of the statutes is renumbered 29.889 (2) (d).
AB864, s. 651
24Section
651. 29.598 (3) of the statutes is renumbered 29.889 (3).
AB864, s. 652
1Section
652. 29.598 (4) (title) and (a) of the statutes are renumbered 29.889
2(4) (title) and (a).
AB864, s. 655
7Section
655. 29.598 (4) (c) of the statutes is renumbered 29.889 (4) (c).
AB864, s. 656
8Section
656. 29.598 (5) (title) and (a) of the statutes are renumbered 29.889
9(5) (title) and (a).
AB864, s. 660
16Section
660. 29.598 (6) (title) and (a) of the statutes are renumbered 29.889
17(6) (title) and (a).
AB864, s. 662
20Section
662. 29.598 (6) (c) of the statutes is renumbered 29.889 (6) (c).
AB864, s. 665
25Section
665. 29.598 (6) (f) of the statutes is renumbered 29.889 (6) (f).
AB864, s. 667
3Section
667. 29.598 (8) of the statutes is renumbered 29.889 (8).
AB864, s. 668
4Section
668. 29.598 (8g), (8r), (9), (10) and (11) of the statutes, as created by
51997 Wisconsin Act 27, are renumbered 29.889 (8g), (8r), (9), (10) and (11), and
629.889 (10) (c) 3., as renumbered, is amended to read: