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:
AB684,8,73
20.370
(1) (mu)
General program operations — state funds. The amounts in
4the schedule for general program operations that do not relate to the management
5and protection of the state's fishery resources under ss. 23.09 to 23.11, 27.01, 30.203
6and 30.277, subch. VI of ch. 77 and chs.
22, 26, 28 and 29 and for transfers to the
7appropriation account under s. 20.285 (1) (kf).
AB684, s. 2
8Section
2. 20.370 (3) (mu) of the statutes is amended to read:
AB684,8,129
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.
AB684, s. 3
13Section
3. Chapter 22 of the statutes is created to read:
AB684,8,1514
Chapter 22
15
Captive wildlife
AB684,8,16
1622.01 Definitions. In this chapter:
AB684,8,19
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.
AB684,8,20
20(2) "Captive" means any of the following:
AB684,8,2121
(a) Restrained by a cage, pen, fence or other enclosure.
AB684,8,2322
(b) Restrained by physical alterations that limit movement or facilitate
23capture.
AB684,8,2424
(c) Restrained by a leash or a tether or otherwise tied.
AB684,9,2
1(d) Held in a controlled environment that is designed to prevent the departure
2from the controlled environment.
AB684,9,4
3(3) "Carcass" means the dead body of any wild animal including the head, hair,
4skin, plumage, skeleton, meat or any other part thereof.
AB684,9,7
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.
AB684,9,8
8(5) "Conservation warden" means a warden appointed under s. 23.10.
AB684,9,9
9(6) "Department" means the department of natural resources.
AB684,9,13
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:
AB684,9,1714
(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.
AB684,9,1818
(b) Listed as a domesticated animal by rule by the department.
AB684,9,19
19(8) "Dressed fur" has the meaning given in s. 29.501 (1) (a).
AB684,9,23
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.
AB684,10,3
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.
AB684,10,5
4(11) "Exhibit" means to display for the purpose of public viewing, regardless
5of whether a fee is charged.
AB684,10,6
6(12) "Farm-raised deer" has the meaning given in 95.001 (1) (a).
AB684,10,7
7(13) "Free-roaming" means not captive.
AB684,10,10
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.
AB684,10,14
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.
AB684,10,15
15(16) "Humane officer" means an officer appointed under s. 173.03.
AB684,10,17
16(17) "Inherently dangerous wild animal" means a species of wild animal that
17is capable of inflicting severe bodily harm to a human.
AB684,10,20
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.
AB684,10,21
21(19) "Law enforcement officer" has the meaning given in s. 173.01 (2).
AB684,10,22
22(20) "License year" means the year during which a license is valid.
AB684,10,23
23(21) "Municipality" means a city, village or town.
AB684,10,25
24(22) "Native" means indigenous and occurring or having occurred naturally
25within the boundaries of this state.
AB684,11,1
1(23) "Nonnative wild animal" means a wild animal that is not native.
AB684,11,2
2(24) "Nonresident" means a person who is not a resident of this state.
AB684,11,4
3(25) "Person" means any individual, partnership, firm, joint stock company,
4corporation, association, trust, estate or other legal entity.
AB684,11,5
5(26) "Possess" means to own, control, restrain, transport or keep.
AB684,11,7
6(27) "Propagate" means to breed, encourage or facilitate for the purpose of
7generating offspring.
AB684,11,10
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.
AB684,11,12
11(29) "Purchase" means to acquire through a sale or through an exchange for
12consideration.
AB684,11,13
13(30) "Raw fur" has the meaning given in s. 29.501 (1) (e).
AB684,11,14
14(31) "Sell" means to transfer or exchange for consideration.