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20.370
(3) (mu)
General program operations — state funds. The amounts in
10the schedule for law enforcement operations under ss. 23.09 to 23.11 and 166.04 and
11chs.
22, 29 and 30 and for review of environmental impact requirements under ss.
121.11 and 23.40.
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13Section
3. Chapter 22 of the statutes is created to read:
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Chapter 22
15
Captive wildlife
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1622.01 Definitions. In this chapter:
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17(1) "Animal" means any mammal or any bird, reptile, amphibian, mollusk,
18arthropod or egg thereof, except that "animal" does not include any mollusk,
19arthropod or egg thereof regulated under ch. 93 or 94.
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20(2) "Captive" means any of the following:
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(a) Restrained by a cage, pen, fence or other enclosure.
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(b) Restrained by physical alterations that limit movement or facilitate
23capture.
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(c) Restrained by a leash or a tether or otherwise tied.
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1(d) Held in a controlled environment that is designed to prevent the departure
2from the controlled environment.
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3(3) "Carcass" means the dead body of any wild animal including the head, hair,
4skin, plumage, skeleton, meat or any other part thereof.
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5(4) "Circus" means a scheduled event staged by a traveling company with
6mobile facilities in which entertainment consisting of a variety of performances by
7acrobats, clowns or trained animals is the primary attraction or principal business.
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8(5) "Conservation warden" means a warden appointed under s. 23.10.
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9(6) "Department" means the department of natural resources.
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10(7) "Domesticated animal" means farm-raised deer, a pet bird that is either a
11psittacine or a softbill and is not native, is not endangered or threatened and is not
12a migratory bird on the list in
50 CFR 10.13 that is promulgated under
16 USC 701 13to
715s or an animal that is all of the following:
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(a) An animal that, due to a long association with humans, has been bred to a
15degree that results in changes affecting the animal's temperament, color,
16conformation or other attribute of the species to an extent that it makes the animal
17unique and distinguishable from a wild animal of its species.
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(b) Listed as a domesticated animal by rule by the department.
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19(8) "Dressed fur" has the meaning given in s. 29.501 (1) (a).
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20(9) "Endangered or threatened species" means those species of wild animals
21that are indigenous to the United States or Canada and are identified on the federal
22list of endangered and threatened species or on the Wisconsin list of endangered and
23threatened species.
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1(10) "Environmentally injurious wild animal" means a species of wild animal
2that is not a native wild animal and that is capable of inflicting harm to the
3environment.
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4(11) "Exhibit" means to display for the purpose of public viewing, regardless
5of whether a fee is charged.
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6(12) "Farm-raised deer" has the meaning given in 95.001 (1) (a).
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7(13) "Free-roaming" means not captive.
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8(14) "Fur-bearing wild animal" includes badger, beaver, bobcat, coyote, fisher,
9red fox, gray fox, lynx, marten, mink, muskrat, opossum, otter, raccoon, skunk,
10weasel and wolf.
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11(15) "Harm to the environment" includes adversely affecting the natural
12population dynamics of wild animals or wild plants, adversely affecting the habitat
13of wild animals or wild plants or displacing wild animals or wild plants from any part
14of their habitat.
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15(16) "Humane officer" means an officer appointed under s. 173.03.
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16(17) "Inherently dangerous wild animal" means a species of wild animal that
17is capable of inflicting severe bodily harm to a human.
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18(18) "Introduce" means to release for the purpose of allowing the animal to
19establish a population in an area in the wild where that type of animal is not
20naturally present at the time the wild animal is released.
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21(19) "Law enforcement officer" has the meaning given in s. 173.01 (2).
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22(20) "License year" means the year during which a license is valid.
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23(21) "Municipality" means a city, village or town.
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24(22) "Native" means indigenous and occurring or having occurred naturally
25within the boundaries of this state.
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1(23) "Nonnative wild animal" means a wild animal that is not native.
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2(24) "Nonresident" means a person who is not a resident of this state.
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3(25) "Person" means any individual, partnership, firm, joint stock company,
4corporation, association, trust, estate or other legal entity.
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5(26) "Possess" means to own, control, restrain, transport or keep.
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6(27) "Propagate" means to breed, encourage or facilitate for the purpose of
7generating offspring.
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8(28) "Public zoo or aquarium" means a zoo or aquarium that is operated by the
9state or by a city, village or county or that is an accredited member of the American
10Zoo and Aquarium Association.
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11(29) "Purchase" means to acquire through a sale or through an exchange for
12consideration.
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13(30) "Raw fur" has the meaning given in s. 29.501 (1) (e).
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14(31) "Sell" means to transfer or exchange for consideration.
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15(32) "State resident" has the meaning given "resident" in s. 27.01 (10) (a).
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16(33) "Stock" means to release for the purpose of increasing or maintaining a
17population of the animal.
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18(34) "Take" means to capture, but does not include killing.
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19(35) "Veterinarian" means an individual who is licensed as a veterinarian
20under ch. 453 or by another state and who is accredited under 9 CFR subch. J.
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21(36) "Wild amphibian" means a wild animal that is an amphibian.
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22(37) "Wild animal" means any animal of a wild nature that is normally found
23in the wild and that is not a domesticated animal.
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24(38) "Wild bird" means a wild animal that is a bird.
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25(39) "Wild reptile" means a wild animal that is a reptile.
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122.02 Title to wild animals. (1) Title vested in owner. Except as provided
2in sub. (3), legal title to a live captive wild animal or the carcass of a captive wild
3animal is vested in the person who owns the wild animal if the person is in
4compliance with this chapter and the rules promulgated under this chapter. A
5person holding legal title may transfer without consideration the live captive wild
6animal or the carcass of the captive wild animal to a person who is in compliance with
7this chapter and the rules promulgated under this chapter. A person holding legal
8title to a live captive wild animal may kill it, or have it killed, in a humane manner.
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9(2) Title with state. The department may assume on behalf of the state, or may
10sell or otherwise transfer to another person, legal title to any live captive wild
11animal, or the carcass of any captive wild animal, that is possessed by any person in
12violation of this chapter or the rules promulgated under this chapter.
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13(3) Exceptions. Legal title to a live captive wild animal or the carcass of a
14captive wild animal that is possessed as authorized under a rehabilitation license or
15a scientific research license remains with the state. A person holding a rehabilitation
16license or a scientific research license may transfer or dispose of a live captive wild
17animal or the carcass of a captive wild animal only as specifically authorized by the
18department.
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1922.03 Interagency cooperation. The department of natural resources shall
20cooperate with the department of agriculture, trade and consumer protection with
21respect to any wild animal that is subject to regulation under this chapter and ch.
2293, 94 or 95.
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2322.04 Possession of live wild animals.
(1) Restrictions on possession;
24generally. (a) No person may possess any live wild animal unless the wild animal
25is legally obtained.
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1(b) No person may possess any live wild animal unless the person possesses it
2in compliance with this chapter.
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3(2) Temporary possession. (a) A person possessing a live native wild animal
4for a period not to exceed 24 hours is exempt from having a license as required under
5sub. (1) (b) if the person is possessing the wild animal for any of the following
6purposes:
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1. To restrain or transport the wild animal for medical treatment by a
8veterinarian or by a person holding a rehabilitation license.
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2. To remove or transport the wild animal from one location to a more
10appropriate location.
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3. To restrain or transport the wild animal for game censuses or surveys, or
12other purposes authorized by the department.
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(b) If a person possessing a live native wild animal under par. (a) determines
14that it is necessary to possess the wild animal for a period exceeding 24 hours after
15the time the wild animal was first possessed, the person shall request that the
16department approve an extension for the temporary possession. The department
17may either deny the requested extension or approve it for a specific period of time.
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(c) An establishment licensed under s. 97.42, or for which inspection is granted
19under
9 CFR part 304, may keep live white-tailed deer for slaughtering purposes for
20up to 72 hours without holding a deer farm license.
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(d) If a live wild animal has been exposed to or infected with any contagious or
22infectious disease, as defined under rules promulgated by the department of
23agriculture, trade and consumer protection under s. 95.001 (2), or a reportable
24disease, as designated by the department of natural resources under s. 22.44 (2),
25during the time the wild animal is being temporarily possessed, the person
1possessing the wild animal shall have a valid interstate health certificate or a valid
2certificate of veterinary inspection issued by a veterinarian certifying that the wild
3animal is free of any such diseases before releasing it into the wild.
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4(3) Wild animals under another jurisdiction. A live wild animal possessed
5by a nonresident under the legal authority of another state, province or country may
6be possessed by the nonresident in this state for not more than 60 days from the date
7the wild animal enters the state if the wild animal is accompanied by a valid
8interstate health certificate or a valid certificate of veterinary inspection issued by
9a veterinarian and by all of the licenses or other approvals that are required by the
10other state, province or country.
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11(4) Exemption for certain wild animals. (a) A person is exempt from any
12licensing requirement under sub. (1) (b) for live native wild animals if the wild
13animals are not endangered or threatened species and are any of the following:
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1. Arthropods.
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2. Chipmunks.
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3. Pocket gophers.
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6. Mollusks.
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7. Opossums.
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8. Pigeons.
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9. Porcupines.
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11. Shrews.
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12. English sparrows.
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113. Starlings.
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14. Ground squirrels.
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15. Red squirrels.
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(b) A person is exempt from any licensing requirement under sub. (1) (b) for live
7nonnative wild animals that are not endangered or threatened species, except for
8any of the following:
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1. Pheasants of the species Phasianus colchicus or Syrmaticus reevesii, chukar
10partridge or gray partridge that are possessed for use under a bird hunting preserve
11license, a dog training license, a hound training license, a dog club training license,
12a dog trial license or a hound trial license.
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2. Nonnative wild animals of the family anatidae or of the family cervidae.
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3. Nonnative wild animals that are inherently dangerous wild animals.
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15(5) Exemption for certain persons and institutions. (a) Any of the following
16is exempt from any licensing requirement under sub. (1) (b):
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1. Veterinarians, for the purpose of providing medical treatment to wild
18animals.
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2. Public zoos or aquariums.
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3. Circuses and the Circus World Museum located in Baraboo, Wisconsin.