AB684: Bill Text

AB684,58,20 (a) Enter and inspect any land, vehicle, building or other structure where live wild animals are possessed or where carcasses of wild animals are possessed.

AB684,58,22 (b) Inspect any equipment, materials or other activities related to the wild animals.

AB684,58,23 (c) Gain access to and inspect any records required to be kept under s. 22.36.

AB684,59,2 (d) Investigate and inspect any wild animal or any other animal to be introduced, stocked or released into the wild. Inspection under this paragraph may include the removal of reasonable diagnostic samples from wild animals for biological examination.

AB684,59,4 (2) Times for inspections. An inspection authorized under sub. (1) or (4) may be conducted during any of the following times:

AB684,59,5 (a) Normal business hours.

AB684,59,7 (b) During the time that the person who possesses wild animals or carcasses of wild animals is conducting business.

AB684,59,8 (c) At any time, if the inspection is necessary for public health, safety or welfare.

AB684,59,12 (3) Prohibiting inspections. No person required to have a license issued under this chapter or an operator of a vehicle for such a person, or employe or person acting on behalf of such a person, may prohibit entry as authorized under this section unless a court restrains or enjoins the entry or inspection.

AB684,59,15 (4) Inspections of introduced or stocked animals. Only persons determined by the department to be experienced in wildlife disease may remove diagnostic samples and diagnose diseases under sub. (1) (d).

AB684,59,18 (5) Taxidermists. For an inspection of a taxidermist's place of business, this section does not apply and the department shall conduct the inspection as authorized under s. 29.506 (7).

AB684,59,21 22.38 Entry requirements; interstate health certificates. (1) Conditions. Except as provided in sub. (4), a person may ship or transport a live wild animal into this state if the person complies with all of the following requirements:

AB684,59,24 (a) The wild animal is accompanied by sufficient documentation to prove that the wild animal was legally obtained and possessed in the state, province or country of its origin.

AB684,60,4 (b) For wild animals to be exhibited as authorized under a nonresident temporary exhibiting license, the person holding the license complies with any applicable rules promulgated by the department of agriculture, trade and consumer protection.

AB684,60,13 (2) Other requirements. (a) In addition to the requirements under sub. (1) (a) and (b), the department of natural resources or the department of agriculture, trade and consumer protection may require that the wild animal be accompanied by a valid interstate health certificate or a valid certificate of veterinary inspection issued by a veterinarian. The person shipping or transporting the animal shall file a copy of the certificate with the chief livestock health official in the state, province or country of origin in accordance with the laws of the jurisdiction. The department requiring the certificate may also require that the person shipping or transporting the live wild animal file a copy of the certificate with that department.

AB684,60,16 (b) If the department requires a certificate under par. (a) and if the wild animal is a wild bird, the department shall accept a certification under the national poultry improvement plan under 9 CFR part 145 in lieu of the certificate.

AB684,60,19 (3) Certificates. Interstate health certificates or certificates of veterinary inspection are valid only if they are issued within 30 days before entry into this state and only if all of the following apply:

AB684,60,21 (a) The certificate shows that all of the requirements established under the rules promulgated under s. 22.44 (3) have been meet.

AB684,60,23 (b) The certificate shows the results of any testing for disease that is required under the rules promulgated under s. 22.44 (3).

AB684,61,3 (4) Exemptions from state entry requirements. (a) Subsections (1) and (2) do not apply to a person shipping or transporting a live wild animal into this state if the wild animal will be sent directly to slaughter at an establishment licensed under s. 97.42 or for which inspection is granted under 9 CFR part 304 and if the wild animal is accompanied by a bill of lading that contains all of the following information:

AB684,61,4 1. A description of the wild animal.

AB684,61,6 2. A description of any official identification on the wild animal, including any ear or back tag, leg band or tattoo.

AB684,61,8 3. The number of the license or other approval of the person shipping or transporting the wild animal, as required by the state, province or country of origin.

AB684,61,9 4. The destination for slaughter.

AB684,61,13 (b) Subsections (1) and (2) do not apply to a person shipping or transporting a live wild animal into this state for medical treatment if the wild animal is sent directly to a veterinarian or to a person holding a rehabilitation license for medical treatment.

AB684,61,16 (c) The department may grant an exception from the requirement of having the wild animal accompanied by a valid interstate health certificate or valid certificate of veterinary inspection issued by a veterinarian if any of the following applies:

AB684,61,18 1. Any required testing for disease has been conducted and the results are pending.

AB684,61,20 2. The department authorizes that the required testing for disease be conducted at the point of destination within this state.

AB684,61,23 (d) For an exception under par. (c) that involves testing for a disease that is transmissible to domesticated animals, the department of agriculture, trade and consumer protection shall also authorize the exception.

AB684,62,3 22.39 Humane care and housing. (1) Compliance with rules. No license may be issued under this chapter unless the department determines that the applicant will comply with all of the rules promulgated under subs. (2) and (3).

AB684,62,6 (2) Rules; general. The department shall promulgate and enforce rules for the housing, care, treatment, feeding and sanitation of wild animals subject to this chapter to ensure all of the following:

AB684,62,7 (a) That the wild animals receive humane treatment.

AB684,62,8 (b) That the wild animals are held under sanitary conditions.

AB684,62,9 (c) That the wild animals receive adequate housing, care and food.

AB684,62,10 (d) The public is protected from injury by the wild animals.

AB684,62,17 (3) Rules; housing. The rules for housing under sub. (2) shall include requirements for the size and location of permanent enclosures and of temporary enclosures at locations other than those where the wild animals are permanently housed. The rules regulating the location of enclosures shall include the distance required between 2 enclosures. The rules for housing shall include specifications for enclosures for each type of inherently dangerous wild animal that the department designates under s. 22.11 (1).

AB684,62,19 (4) Orders. The department may issue an order requiring any person holding a license under this chapter to comply with the rules promulgated under sub. (2).

AB684,62,22 22.40 Prohibited activities; trespassing. (1) Diseased wild animals. (a) No person may sell, lease, transfer, move from one location to another, release or dispose of any wild animal if any of the following applies:

AB684,62,24 1. The wild animal is under a quarantine order and the department issuing the order does not authorize the sale, lease, transfer, move or disposal.

AB684,62,25 2. Testing for disease has been conducted and the results are pending.

AB684,63,5 3. The person knows that the wild animal has been exposed to or has been infected with a contagious or infectious disease as defined under rules promulgated by the department of agriculture, trade and consumer protection under s. 95.001 (2), or a reportable disease as designated by the department of natural resources under s. 22.44 (2).

AB684,63,6 (b) No person may misrepresent the disease status of any wild animal.

AB684,63,9 (c) No person may fail to present any wild animal for any required testing for disease as required by the department or by the department of agriculture, trade and consumer protection.

AB684,63,11 (d) The prohibition under sub. (1) (a) 3. does not apply if results from testing for the disease show that the wild animal is not likely to transmit the disease.

AB684,63,15 (e) No veterinarian may fail to report a contagious or infectious disease, as defined under rules promulgated by the department of agriculture, trade and consumer protection under s. 95.001 (2), or a reportable disease, as designated by the department of natural resources under s. 22.44 (2), in a wild animal.

AB684,63,18 (2) Tampering; commingling. (a) No person may remove, alter or tamper in any way with any form of official identification on a wild animal, including any ear or back tag, leg band or tattoo.

AB684,63,20 (b) No person may cause or permit the commingling of wild animals with domesticated animals, except as authorized by the department.

AB684,63,25 (3) Taking of wild animals. A person who hunts, traps, kills or takes a wild animal subject to this chapter on land subject to a license issued under this chapter without the permission of the license holder or of the holder's employe or agent is liable to the license holder for any damage that the person causes to any wild animal that is subject to this chapter or to any property or land that is subject to the license.

AB684,64,5 22.41 Quarantines. (1) Summary action. (a) The department of natural resources or the department of agriculture, trade and consumer protection may summarily issue a quarantine order to control contagious, infectious or communicable diseases, to protect the health of wild animals and domesticated animals in this state and to control the possessing of wild animals in this state.

AB684,64,7 (b) No person may move any wild animal in violation of a quarantine order or fail to comply with the terms and conditions of a quarantine order.

AB684,64,11 (2) Service of notice. No quarantine order is effective until written notice of the order is served upon any person possessing the wild animals and on any person controlling the premises affected by the quarantine order. The department issuing the quarantine order may serve the order in any of the following ways:

AB684,64,12 (a) By personal service.

AB684,64,13 (b) By registered mail.

AB684,64,15 (c) By posting a copy of the order at 2 conspicuous places on the premises affected by the quarantine.

AB684,64,18 (3) Proof of service. Service of the quarantine order shall be proved by affidavit, except for service by registered mail. Proof of service shall be filed with the department.

AB684,64,20 (4) Contents of order. The quarantine order shall contain all of the following information:

AB684,64,21 (a) The name and address of the person affected by the quarantine.

AB684,64,22 (b) The identification of all wild animals affected by the quarantine.

AB684,64,23 (c) A description of the premises affected by the quarantine.

AB684,64,24 (d) The reason or justification for the quarantine.

AB684,64,25 (e) All terms and conditions applicable to the quarantine.

AB684,65,1 (f) Notice of the right to request a hearing to review the quarantine.

AB684,65,4 (5) Duration of order. A quarantine order shall remain in effect until a written notice of release is issued by the department issuing the order or until a decision releasing the order is rendered under sub. (6).

AB684,65,9 (6) Review of order. Any person affected by a quarantine order shall be granted a hearing by the department issuing the order to determine whether the order shall remain in effect if the person requests the hearing within 30 days after the date of service of the order. The hearing shall be treated as a contested case if the requirements of s. 227.42 (1) are met.

AB684,65,14 22.42 Taking custody of captive wild animals. (1) Intake of wild animals. A conservation warden may take into custody a wild animal that is subject to regulation under this chapter on behalf of the department of natural resources if the conservation warden has reasonable grounds to believe that the wild animal is one of the following:

AB684,65,15 (a) An abandoned or stray captive wild animal.

AB684,65,16 (b) An unwanted captive wild animal delivered to the conservation warden.

AB684,65,19 (c) A wild animal possessed, taken, introduced, stocked, released, exhibited, propagated, rehabilitated, hunted, sold or purchased in violation of this chapter or any ordinance enacted under s. 22.43.

AB684,65,21 (d) A captive wild animal that is not confined as required by a quarantine order under s. 22.41 or any rule or ordinance relating to the control of any animal disease.

AB684,65,22 (e) A captive wild animal that has caused damage to persons or property.

AB684,65,23 (f) A participant in an animal fight intentionally instigated by any person.

AB684,65,25 (g) A captive wild animal that has been mistreated in violation of this chapter or ch. 951.

AB684,66,1 (h) A captive wild animal delivered by a veterinarian under s. 173.13 (2).

AB684,66,7 (i) A captive wild animal that is dead, dying or sick and that has been exposed to, or is known to be infected with, a contagious or infectious disease as defined in the rules promulgated by the department of agriculture, trade and consumer protection under s. 95.001 (2), with a reportable disease as designated by the department of natural resources under s. 22.44 (2), or with a disease or parasite that has pathological significance to humans or to any animals.

AB684,66,9 (j) A captive wild animal that has escaped and has not been returned to its owner or another person who is authorized to possess the animal.

AB684,66,10 (k) A wild animal that is being housed or held in violation of s. 22.39.

AB684,66,11 (L) A wild animal that has entered the state in violation of s. 22.38.

AB684,66,14 (2) Transfer of wild animals. (a) A conservation warden shall accept into custody any wild animal that is delivered by a law enforcement officer or humane officer.

AB684,66,16 (b) A conservation warden taking custody of a wild animal shall comply with the applicable procedures under ch. 173.

AB684,66,18 22.43 Local ordinances. A municipality or county may enact and enforce an ordinance that prohibits the possession or selling of live wild animals.

AB684,66,21 22.44 Rules by the department. (1) Domesticated animals. The department shall promulgate rules specifying which animals are domesticated animals for purposes of s. 22.01 (7) (b).

AB684,66,23 (2) Reportable diseases. The department may promulgate rules listing reportable diseases for purposes of this chapter.

AB684,66,25 (3) Introduction requirements. (a) The department may promulgate rules to establish the following:

AB684,67,2 1. Additional requirements that wild animals shall meet before they enter this state.

AB684,67,4 2. Additional requirements that any animals shall meet before they may introduced, stocked or released into the wild.

AB684,67,6 (b) The requirements under par. (a) may include mandatory testing of the animals for disease.

AB684,67,9 (4) Certificates. The department may promulgate rules that establish the information that is required for issuing, and that shall be provided on, interstate health certificates and certificates of veterinary inspection.

AB684,67,12 22.45 Penalties; revocations. (1) Definition. In this section, "violation of this chapter" means a violation of this chapter or any rule promulgated under this chapter.

AB684,67,14 (2) Penalties. For a violation of this chapter, a person shall be subject to a forfeiture of not more than $200, except as follows: