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:
AB864,201,9
729.889
(10) (c) 3. The revocation of the person's privileges or approvals under
8s.
29.99 29.971 (12) if the person violating par. (b) owns, leases or controls land, or
9owns livestock or apiaries, to which the false statement or representation relates.
AB864, s. 669
10Section
669. 29.599 of the statutes is renumbered 29.947.
AB864, s. 670
11Section
670. 29.60 (title), (1) and (2) of the statutes are renumbered 29.088
12(title), (1) and (2), and 29.088 (1), as renumbered, is amended to read:
AB864,201,1713
29.088
(1) Except as provided by s.
29.29 29.601 (4)
, it
shall be is unlawful to
14use baits containing poison of any description in any forests, fields or other places
15where it might destroy or cause the destruction of wild animals or birds, and the
16possession of any
such poison or poison baits in a hunting or trapping camp or on any
17person while hunting or trapping shall be prima facie evidence of a violation
hereof.
AB864, s. 672
20Section
672. 29.60 (2m) and (3) of the statutes are renumbered 29.088 (2m)
21and (3) and amended to read:
AB864,201,2522
29.088
(2m) It
shall be is unlawful to take, capture or kill or attempt to take,
23capture or kill any bird by setting or operating any trap or device designed, built or
24used to capture birds on a pole, post, tree stump or any other elevated perch more
25than 3 feet above the ground.
AB864,202,4
1(3) Nothing in this chapter
may prevent prevents the department or a person
2authorized under s.
29.59 29.885 from using an explosive or having an explosive near
3a beaver house or a beaver dam for the purpose of removing a beaver dam or a vacated
4beaver house when the beavers are causing damage to property.
AB864, s. 673
5Section
673. Subchapter IX (title) of chapter 29 [precedes 29.601] of the
6statutes is created to read:
AB864,202,98
Subchapter IX
9
Miscellaneous provisions
AB864, s. 674
10Section
674. 29.605 of the statutes is renumbered 29.881 and amended to
11read:
AB864,202,14
1229.881 (title)
Giving away of predatory animals to public zoos. (1) It is
13lawful for the The department
to
may give
, present, or turn over alive, for educational
14purposes, to any bona fide public zoo any predatory animal
to a public zoo.
AB864,202,18
15(2) Any predatory animal that has been given to
, presented, or turned over to
16any bona fide a public zoo under this section
shall may not be sold, bartered or given
17away by
such the zoo
in any manner, except that
such the animal may be returned
18to the department.
AB864, s. 675
19Section
675. 29.614 of the statutes is created to read:
AB864,202,24
2029.614 Scientific collector permit.
(1) Application for a scientific collector
21permit shall be submitted to the department. The department may issue a scientific
22collector permit if the department determines that the applicant is a natural person
23and is engaged in a bona fide program leading to increased, useful scientific
24knowledge.
AB864,203,6
1(2) A scientific collector permit shall state the name and address of the
2permittee, the date of issuance, the purposes for which it is issued, the type, species
3and number of specimens authorized to be collected or salvaged, the area and period
4of time in which the specimens may be collected or salvaged, the place where the
5specimens may be kept and other conditions and limitations that the department
6requires. A scientific collector permit is not transferable.
AB864,203,19
7(3) A scientific collector permit authorizes the permittee to collect or salvage,
8for scientific purposes only, the eggs, nest and wild animals specified in the permit
9subject to the conditions and limitations specified in the permit and the rules of the
10department. The permittee may use the specimens for the scientific purposes for
11which collected or salvaged and may transport them or cause them to be transported
12by common carrier. Possession of these specimens may not be transferred to any
13other person, except that these specimens may be exchanged for other specimens for
14scientific purposes. A scientific collector permit may authorize the use of net guns
15and tranquilizer guns for activities related to the purposes for which the permit is
16issued. Any person who is convicted of violating this chapter shall forfeit the person's
17permit and the permit is thereby revoked, in addition to all other penalties. Any
18person so convicted is not eligible for a permit under this section for one year
19following the conviction.
Note: This provision contains the same provisions, without substantive change,
as current s. 29.17. The bill creates a new section regarding scientific collector permits
as an expedient, because of the substantial amount of reorganization that is necessary.
AB864, s. 676
20Section
676. 29.62 (title) of the statutes is renumbered 29.421 (title) and
21amended to read:
AB864,203,22
2229.421 (title)
Removal of injurious rough fish.
AB864,204,8
329.421 The department may take rough fish by means of seines, nets or other
4devices, or cause rough fish to be taken, from any of the waters of this state, other
5than waters in a self-contained fish rearing facility or in a preexisting fish rearing
6facility that is barrier equipped and that is an artificial body of water.
(3) Whenever
7the department takes rough fish under this section it shall dispose of the
same as the
8department shall direct fish in any manner that it determines to be appropriate.
AB864, s. 678
9Section
678. 29.623 (title) of the statutes is renumbered 29.424 (title).
AB864,204,1712
29.424
(1) When the department finds that any species of fish is detrimental
13to any of the waters of the state it may
, by rule, designate
such the species of fish and
14specify the waters in which
such the species of fish
are is found to be detrimental.
15Thereupon the The department may remove
such fish from the waters specified or
16cause
them to be removed
therefrom
detrimental fish of the species designated from
17the waters specified.
AB864, s. 681
20Section
681. 29.625 of the statutes is renumbered 29.417 and amended to
21read:
AB864,205,4
2229.417 Permit to take rough fish. (1) Permission may be granted to any
23person by the department upon
such terms and conditions
as it may require required
24by the department to take
carp and other undesirable rough fish
, which are
25detrimental to game fish in the following bays or harbors in Door
county, namely
1County: Sturgeon Bay, Little Sturgeon Bay, Riley's
bay Bay, Egg
harbor Harbor, Fish
2creek harbor Creek Harbor, Eagle
harbor Harbor, Bailey's
harbor
Harbor, Mud
bay 3Bay, North
bay Bay, Rowley's
bay Bay, and Washington
harbor Harbor, Jackson
4harbor Harbor and Detroit
harbor Harbor in Washington Island.
AB864,205,9
5(2) A person having a contract to take rough fish under s.
29.62 29.421 or this
6section may be authorized by the department to erect and maintain a temporary
7pond in any navigable water pending the sale of
such
the fish, provided that
such the 8pond does not unreasonably interfere with navigation or other public rights in
such 9the water.
AB864, s. 682
10Section
682. 29.626 of the statutes is renumbered 29.717 and amended to
11read:
AB864,205,18
1229.717 Trespass on riparian land. In an action against a person for damages
13sustained from trespassing on lands bordering streams stocked by the consent of
the 14owner of
such the lands, with fish received from a state hatchery, where
such the 15damage
shall exceed exceeds $2, the trespasser
shall be is liable for double the
16amount of
such the damage and all
of the taxable costs; and where the damage
17sustained is $2 or less the trespasser shall be liable for the amount of
such the 18damage and
the costs not to exceed the amount of the damage.
AB864, s. 683
19Section
683. 29.64 of the statutes is renumbered 29.951.
AB864, s. 684
20Section
684. 29.641 of the statutes is renumbered 29.954.
AB864, s. 685
21Section
685. 29.642 (title) and (1) of the statutes are renumbered 29.961 (title)
22and (1).
AB864, s. 686
23Section
686. 29.642 (2) of the statutes is renumbered 29.967 (3).
AB864, s. 687
24Section
687. 29.6425 of the statutes is renumbered 29.967.
AB864, s. 688
25Section
688. 29.643 of the statutes is renumbered 29.964.