AB684: Bill Text

11. A captive wild animal auction and market license which authorizes the possessing, exhibiting and conducting of auctions and markets to sell live wild animals.

12. An initial validation license for which a person is eligible if the person holds a wildlife exhibit or game farm license at the time that this bill becomes law. This validation license authorizes the person to continue an activity that was authorized under the original wildlife exhibit or game farm license but that is no longer allowed under the provisions created in this bill.

13. A subsequent validation license for which a person is eligible if the person held a wildlife exhibit or game farm license at the time that this bill became law and if the person holds any necessary license under the provisions created in this bill. This validation license authorizes the person to continue an activity that was authorized under the original wildlife exhibit or game farm license and under the license needed under this bill's provisions but that is subsequently no longer allowed due to the promulgation of rules by DNR under DNR's authority to impose additional requirements on holders of these licenses.

Public zoos and aquariums and circuses are exempt from most of these licensing requirements.

Types of wild animals subject to licensing requirements

Under current law, all wild animals, including fish and insects, are subject to regulation as wildlife. This bill excludes fish entirely from the regulatory structure created in this bill, and the importing of fish for stocking and the stocking of fish are not affected by this bill. The bill also excludes domesticated animals. The bill defines "domesticated animals" to include certain types of pet birds, farm-raised deer, animals that are members of a species of wild animals but that are distinguishable from the wild members of the species due to long association with humans. The bill also requires DNR to promulgate a list of all other domesticated wild animals.

Most native wild animals are subject to the licensing requirements except for common species such as ground squirrels, mice, opossum, porcupines, pigeons and sparrows. Most types of wild animals that are not native to this state are exempt from the licensing requirements except for the following: certain nonnative deer, certain nonnative wild birds, endangered or threatened species that are native to other parts of the United States or Canada, nonnative inherently dangerous wild animals such as nonnative bear, and nonnative wild animals that pose a threat to the environment (environmentally injurious wild animals). Endangered or threatened species that are native to this state, the rest of the United States or Canada are subject to regulation both under this bill and under the other state laws covering endangered or threatened species.

The bill imposes specific regulatory schemes on native reptiles and amphibians and white-tailed deer raised for venison. The bill also imposes some tagging, record-keeping and labeling requirements for the sale and purchase of venison from white-tailed deer and of other wild animal parts except for dressed and raw furs.

The bill authorizes DNR to promulgate rules to designate species of wild animals as environmentally injurious or inherently dangerous wild animals and imposes additional restrictions on the possession of these animals. DNR must designate cougars and all species of bear as inherently dangerous under these rules.

Hunting and killing captive wild animals

Current law prohibits any person from killing or wounding with a deadly weapon any animal, wild or domesticated, that is intentionally confined. Confinement under current law includes being tied, staked out or held captive in an enclosure, regardless of size. Current law provides an exception to this prohibition for game farms licensed by DNR. The bill provides an exception for deer farms and bird hunting preserves licensed under provisions created in this bill. The bill also specifically exempts animals that are killed or wounded in accordance with normally acceptable animal husbandry practices.

Under current law, a conservation warden may not enforce the prohibition forbidding the killing or wounding of a confined animal with a deadly weapon and other provisions dealing with the treatment of captive animals. This bill specifically authorizes conservation wardens to enforce these provisions.

This bill also specifically prohibits hunting captive wild animals except under the authority of a deer farm license, a bird hunting preserve license or a dog training or trial license. The bill prohibits selling or purchasing the opportunity to hunt any captive wild animal except as authorized under a deer farm or a bird hunting preserve license.

The bill also requires DNR to allow hunting of farm-raised deer on farms that are registered with DNR. DNR may impose conditions on the hunting, and shall determine which hunting laws apply to the hunting, of farm-raised deer on these farms.

Introduction and stocking of wild animals

Under current law, no person may import into this state a wild animal for stocking or releasing into the wild, or stock or release a wild animal, unless the person has a permit issued by DNR. Under the bill, a person may import and stock or release a wild animal if the person has a stocking permit issued by DNR or another type of license which authorizes the stocking or release. These licenses include bird hunting preserve licenses and dog training and trial licenses. In addition, DNR must determine that the wild animal is not environmentally injurious and is not detrimental to the state's natural resources. There are also special requirements if the wild animal has been exposed to, or infected with, any contagious disease. At the request of any city, village or town (municipality) in an area in which wild animals are stocked or released, the person stocking or releasing the animals must report to the municipality the type, number and location of the wild animals involved.

License fees and requirements, effective periods

and record-keeping requirements

The bill sets specific fees for these licenses. Under the bill, there is no fee for a rehabilitation license or either type of validation license.

Under the bill, periods of validity for the different types of licenses range from 30 days to five years, with the most common period of validity being from the date of issuance until the following December 31. Under current law, the most common period of validity for game farm licenses is from the date of issuance until the following December 31.

The bill requires DNR to provide any necessary tags at cost.

Under current law, DNR must require a person who is applying for any type of fish or game approval to provide DNR with his or her social security number. These approvals include recreational hunting and fishing licenses as well as all other fish and game licenses such as game farm licenses and fish dealer and taxidermist permits. DNR must deny the application if the person refuses to provide his or her social security number. DNR then discloses the number to the department of workforce development (DWD) and to the department of revenue (DOR) so that DWD and DOR may determine whether the person is delinquent in child support or in payment of certain state taxes. These provisions apply to the licenses created in this bill.

Under current law, there are various record-keeping requirements for operators of game farms and wildlife exhibits. This bill authorizes DNR to establish record-keeping requirements by rule. This bill also imposes specific record-keeping requirements for most types of licenses. These specific provisions generally require such information as the date of the acquisition or transfer of a captive wild animal, the name and address of the person from whom or to whom the animal was transferred and information concerning the death or escape of captive wild animals. The bill requires that the records for inherently dangerous wild animals, environmentally injurious wild animals and certain families of wild animals, such as deer, bear and wild cats, be provided to DNR within seven days after the transaction. The bill also requires license holders to file annual reports with DNR summarizing the number of wild animals acquired, the number transferred or released, the number currently kept and the number that died, were killed or escaped.

Animal health and treatment

The bill imposes requirements on transporting wild animals into this state. With limited exceptions, a person bringing a wild animal into this state must have documentation to show that he or she is in legal possession of the wild animal and must have a valid interstate health certificate or a valid certificate of veterinary inspection for the wild animal. A wild animal is exempt from these requirements if it is being brought directly into this state for rehabilitation or for slaughter at an establishment licensed by DATCP.

The bill requires DNR to promulgate rules to ensure that wild animals receive humane treatment and adequate housing, care and food and that the wild animals are held under sanitary conditions. No person may receive a license unless DNR determines that the person will comply with all of these rules.

The bill gives DNR specific authority to issue quarantine orders. The bill establishes a procedure for issuing these orders.

Taking wild animals into custody

This bill authorizes a conservation warden to take custody of a captive wild animal, on behalf of DNR, for various reasons. These reasons include the following:

1. The wild animal is a stray or is abandoned or unwanted.

2. The wild animal is possessed, stocked, exhibited propagated, rehabilitated, hunted, sold or purchased in violation of state laws or local ordinances regulating captive wildlife.

3. The wild animal is not confined as required by quarantine order or has been exposed to certain diseases.

4. The wild animal has caused damage to persons or property.

5. The wild animal is being housed or held in an inhumane manner.

The conservation warden must attempt to notify the owner of a wild animal taken into custody of the procedure by which the owner may recover the animal and the procedure to be followed if the animal is not returned to the owner.

DNR may contract with any other person to provide for the care and disposal of captive wild animals that it takes into custody.

Under this bill, generally, a wild animal taken into custody must be returned to its owner if the owner provides reasonable evidence of ownership, complies with the licensing requirements for captive wildlife and pays any charges incurred as a result of taking custody of the animal.

DNR may withhold a wild animal from its owner for various reasons. These reasons include the following:

1. There exists reasonable grounds to believe that the owner has mistreated the animal in violation of the laws regulating captive wild animals or that the animal poses a significant threat to public health, safety or welfare.

2. The animal may be used in a pending prosecution.

3. The court has ordered the animal to be withheld.

Under this bill, if the owner of an abandoned, escaped or stray wild animal does not claim the animal within seven days after custody is taken, the animal is considered unclaimed. DNR, or the party with whom DNR contracts, may then release the wild animal to a person other than the owner if the person complies with state and local laws regulating captive wildlife and pays any charges incurred as a result of taking custody of the animal. DNR or the contracting party may also dispose of an unclaimed or unwanted wild animal by selling it at public auction or by euthanizing it.

DNR or the contracting party may also euthanize any animal in its custody if the wild animal is hopelessly injured beyond any reasonable chance of recovery, the animal poses an imminent threat to public health or safety or the animal poses an imminent threat to the health or safety of itself or its custodian.

Local regulation

Under the bill, a municipality or county may enact and enforce ordinances prohibiting the possession or sale of live wild animals.

Enforcement and penalties

The bill gives DNR the specific authority to enter and inspect land, vehicles and buildings for the purpose of enforcement, to inspect wild animals that are to be stock or released into the wild and to have access to the records that must be kept by license holders. The bill limits this authority to normal business hours and other hours when the license holder is conducting business, unless the inspection is necessary for public health, safety or welfare. Current law authorizes DNR inspections of the area subject to the license at any time.

The bill imposes a general forfeiture for unlawfully possessing a wild animal and imposes increased penalties for specific activities such as illegally selling or purchasing wild animals, illegally taking live bear or deer from the wild and violating the provisions relating to diseased or environmentally injurious wild animals. The bill imposes increased penalties for repeat violations and contains provisions for licenses being revoked by DNR and by the courts.

The bill also requires DNR to cooperate with DATCP with respect to the laws governing captive wild animals and other animals regulated by DATCP.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB684, s. 1 Section 1. 20.370 (1) (mu) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

AB684,8,7 20.370 (1) (mu) General program operations — state funds. The amounts in the schedule for general program operations that do not relate to the management and protection of the state's fishery resources under ss. 23.09 to 23.11, 27.01, 30.203 and 30.277, subch. VI of ch. 77 and chs. 22, 26, 28 and 29 and for transfers to the appropriation account under s. 20.285 (1) (kf).

AB684, s. 2 Section 2. 20.370 (3) (mu) of the statutes is amended to read:

AB684,8,12 20.370 (3) (mu) General program operations — state funds. The amounts in the schedule for law enforcement operations under ss. 23.09 to 23.11 and 166.04 and chs. 22, 29 and 30 and for review of environmental impact requirements under ss. 1.11 and 23.40.

AB684, s. 3 Section 3. Chapter 22 of the statutes is created to read:

AB684,8,15 Chapter 22 Captive wildlife

AB684,8,16 22.01 Definitions. In this chapter:

AB684,8,19 (1) "Animal" means any mammal or any bird, reptile, amphibian, mollusk, arthropod or egg thereof, except that "animal" does not include any mollusk, arthropod or egg thereof regulated under ch. 93 or 94.

AB684,8,20 (2) "Captive" means any of the following:

AB684,8,21 (a) Restrained by a cage, pen, fence or other enclosure.

AB684,8,23 (b) Restrained by physical alterations that limit movement or facilitate capture.

AB684,8,24 (c) Restrained by a leash or a tether or otherwise tied.

AB684,9,2 (d) Held in a controlled environment that is designed to prevent the departure from the controlled environment.

AB684,9,4 (3) "Carcass" means the dead body of any wild animal including the head, hair, skin, plumage, skeleton, meat or any other part thereof.

AB684,9,7 (4) "Circus" means a scheduled event staged by a traveling company with mobile facilities in which entertainment consisting of a variety of performances by acrobats, clowns or trained animals is the primary attraction or principal business.

AB684,9,8 (5) "Conservation warden" means a warden appointed under s. 23.10.

AB684,9,9 (6) "Department" means the department of natural resources.

AB684,9,13 (7) "Domesticated animal" means farm-raised deer, a pet bird that is either a psittacine or a softbill and is not native, is not endangered or threatened and is not a migratory bird on the list in 50 CFR 10.13 that is promulgated under 16 USC 701 to 715s or an animal that is all of the following:

AB684,9,17 (a) An animal that, due to a long association with humans, has been bred to a degree that results in changes affecting the animal's temperament, color, conformation or other attribute of the species to an extent that it makes the animal unique and distinguishable from a wild animal of its species.

AB684,9,18 (b) Listed as a domesticated animal by rule by the department.

AB684,9,19 (8) "Dressed fur" has the meaning given in s. 29.501 (1) (a).

AB684,9,23 (9) "Endangered or threatened species" means those species of wild animals that are indigenous to the United States or Canada and are identified on the federal list of endangered and threatened species or on the Wisconsin list of endangered and threatened species.

AB684,10,3 (10) "Environmentally injurious wild animal" means a species of wild animal that is not a native wild animal and that is capable of inflicting harm to the environment.

AB684,10,5 (11) "Exhibit" means to display for the purpose of public viewing, regardless of whether a fee is charged.

AB684,10,6 (12) "Farm-raised deer" has the meaning given in 95.001 (1) (a).

AB684,10,7 (13) "Free-roaming" means not captive.

AB684,10,10 (14) "Fur-bearing wild animal" includes badger, beaver, bobcat, coyote, fisher, red fox, gray fox, lynx, marten, mink, muskrat, opossum, otter, raccoon, skunk, weasel and wolf.

AB684,10,14 (15) "Harm to the environment" includes adversely affecting the natural population dynamics of wild animals or wild plants, adversely affecting the habitat of wild animals or wild plants or displacing wild animals or wild plants from any part of their habitat.

AB684,10,15 (16) "Humane officer" means an officer appointed under s. 173.03.

AB684,10,17 (17) "Inherently dangerous wild animal" means a species of wild animal that is capable of inflicting severe bodily harm to a human.

AB684,10,20 (18) "Introduce" means to release for the purpose of allowing the animal to establish a population in an area in the wild where that type of animal is not naturally present at the time the wild animal is released.

AB684,10,21 (19) "Law enforcement officer" has the meaning given in s. 173.01 (2).

AB684,10,22 (20) "License year" means the year during which a license is valid.

AB684,10,23 (21) "Municipality" means a city, village or town.

AB684,10,25 (22) "Native" means indigenous and occurring or having occurred naturally within the boundaries of this state.

AB684,11,1 (23) "Nonnative wild animal" means a wild animal that is not native.

AB684,11,2 (24) "Nonresident" means a person who is not a resident of this state.