2001 Wisconsin Act 56

56,91 Section 91. 29.885 (1) (f) of the statutes is amended to read:

29.885 (1) (f) Notwithstanding s. 29.001 (90), "wild animal" means any undomesticated mammal or bird, but does not include farm-raised deer fish, farm-raised game birds, or wild animals that are subject to regulation under ch. 169.

56,92 Section 92. 29.889 (1) (intro.) of the statutes is amended to read:

29.889 (1) Definition. (intro.) In this section, "wildlife damage" means damage caused by any of the following noncaptive wild animals that are not subject to regulation under ch. 169:

56,93 Section 93. 29.889 (1) (a) of the statutes is amended to read:

29.889 (1) (a) Deer that are not farm-raised deer.

56,94 Section 94. 29.924 (4) of the statutes is amended to read:

29.924 (4) Access to storage places. The owner or occupant of any cold-storage warehouse or building used for the storage or retention of wild animals, or their carcasses, that are subject to regulation under this chapter shall permit the department and its wardens to enter and examine the premises subject to s. 66.0119. The owner or occupant, or the agent or employee of the owner or occupant, shall deliver to the officer any such wild animal or carcass, in his or her possession during the closed season, whether taken within or without the state.

56,95 Section 95. 29.927 (5) of the statutes is amended to read:

29.927 (5) Any unlicensed trap, snare, spring gun, set gun, net or other device used in violation of this chapter which might entrap, ensnare, or kill game.

56,96 Section 96. 29.931 (1) of the statutes is amended to read:

29.931 (1) Seizure and confiscation of wild animals or plants. The department and its wardens shall seize and confiscate any wild animal, carcass or plant caught, killed, taken, had in possession or under control, sold or transported in violation of this chapter and the or ch. 169. The officer may, with or without warrant, open, enter and examine all buildings, camps, boats on inland or outlying waters, vehicles, valises, packages and other places where the officer has probable cause to believe that wild animals, carcasses or plants, taken or held in violation of this chapter or ch. 169, are to be found.

56,97 Section 97. 29.931 (2) (a) of the statutes is amended to read:

29.931 (2) (a) The department and its wardens shall seize and hold, subject to the order of the court for the county in which the alleged offense was committed, any vehicle, boat or object declared by this chapter to be a public nuisance, or which they have probable cause to believe is being used in violation of this chapter or ch. 169 or s. 167.31, 287.81, 940.24, 941.20, 948.60, 948.605 or 948.61, is being used in the commission of a crime involving an animal normally found in the wild in violation of s. 951.09, or is being used in the commission of a crime relating to a submerged cultural resource in violation of s. 44.47. If it is proven that the vehicle, boat or object is a public nuisance or that within 6 months previous to the seizure the vehicle, boat or object was used in violation of this chapter or ch. 169 or s. 167.31, 287.81, 940.24, 941.20, 948.60, 948.605 or 948.61, was used in the commission of a crime involving an animal normally found in the wild in violation of s. 951.09, or was used in the commission of a crime relating to a submerged cultural resource in violation of s. 44.47, it shall be confiscated if the court directs in its order for judgment.

56,98 Section 98. 29.931 (4) of the statutes is created to read:

29.931 (4) Ordinance violations. For purposes of this section, a violation of ch. 169 includes a violation of an ordinance enacted under s. 169.43.

56,99 Section 99. 29.934 (1) (a) of the statutes is amended to read:

29.934 (1) (a) All wild animals, carcasses or plants that are confiscated by the department for a violation of this chapter or ch. 169 and all confiscated vehicles, boats or objects confiscated by the department for a violation of this chapter or ch. 169 shall, if not destroyed as authorized by law, be sold at the highest price obtainable, by the department, or by an agent on commission under supervision of the department. The net proceeds of sales under this subsection, after deducting the expense of seizure and sale and any commissions and any amounts owing to holders of security interests under par. (c) or (d), shall be remitted to the department. The remittance shall be accompanied by a report of the sales, supported by vouchers for expenses and commissions, and shall be filed with the department.

56,100 Section 100. 29.957 of the statutes is amended to read:

29.957 Breaking seals of department. Any person who breaks, removes or interferes with any seal or tag attached to any animal, carcass or object by the department, or who interferes with any animal, carcass or object with a seal or tag attached, or who counterfeits a seal or tag, attached or unattached, shall be fined not more than $500 or imprisoned for not more than 90 days or both. This section applies to seals and tags required by the department under this chapter or ch. 169.

56,101 Section 101. 29.969 of the statutes is amended to read:

29.969 Larceny of game wild animals. A person who, without permission of the owner, disturbs or appropriates any wild animal or its carcass that has been lawfully reduced to possession by another shall forfeit not less than $1,000 nor more than $2,000. This section does not apply to farm-raised deer or, farm-raised fish, farm-raised game birds, or wild animals that are subject to regulation under ch. 169.

56,102 Section 102. 29.971 (14) of the statutes amended is to read:

29.971 (14) In any prosecution under this section it is not necessary for the state to allege or prove that the animals were not farm-raised deer, farm-raised fish, farm-raised game birds, wild animals subject to regulation under ch. 169, or domesticated domestic animals, that they were not taken for scientific purposes, or that they were taken or in possession or under control without a required approval. The person claiming that these animals were farm-raised deer, farm-raised fish, farm-raised game birds, wild animals subject to ch. 169, or domesticated domestic animals, that they were taken for scientific purposes or that they were taken or in possession or under control under the required approval, has the burden of proving these facts.

56,103 Section 103. 29.974 (2) of the statutes is renumbered 29.974 (2) (b).

56,104 Section 104. 29.974 (2) (a) of the statutes is created to read:

29.974 (2) (a) In this subsection, "wild animal" does not include a farm-raised deer, a farm-raised fish, a farm-raised game bird, or a wild animal subject to regulation under ch. 169.

56,105 Section 105. 29.977 (1) (g) of the statutes is amended to read:

29.977 (1) (g) Any pheasant, Hungarian gray partridge, quail, rail, Wilson's snipe, woodcock or shore bird, or protected song bird or harmless bird, $17.50.

56,106 Section 106. 29.983 (1) (b) 7. of the statutes is amended to read:

29.983 (1) (b) 7. For any pheasant, Hungarian gray partridge, quail, rail, Wilson's snipe, woodcock or shore bird, or protected song bird or harmless bird, $17.50.

56,107 Section 107. 49.857 (1) (d) 2. of the statutes is amended to read:

49.857 (1) (d) 2. An approval specified in s.29.024 (2g) or a license issued under ch. 169.

56,108 Section 108. 59.25 (3) (f) 2. of the statutes is amended to read:

59.25 (3) (f) 2. For all court imposed fines and forfeitures required by law to be deposited in the state treasury, the amounts required by s. 757.05 for the penalty assessment surcharge, the amounts required by s. 165.755 for the crime laboratories and drug law enforcement assessment, the amounts required by s. 167.31 (5) for the weapons assessment, the amounts required by s. 973.045 for the crime victim and witness assistance surcharge, the amounts required by s. 938.34 (8d) for the delinquency victim and witness assistance surcharge, the amounts required by s. 973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by s. 961.41 (5) for the drug abuse program improvement surcharge, the amounts required by s. 100.261 for the consumer information assessment, the amounts authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 (1) for the domestic abuse assessment, the amounts required by s. 253.06 (4) (c) for the enforcement assessment under the supplemental food program for women, infants and children, the amounts required by ss. 346.177, 346.495 and 346.65 (4r) for the railroad crossing improvement assessment, the amounts required by s. 346.655 (2) (a) and (b) for the driver improvement surcharge, the amounts required by s. 102.85 (4) for the uninsured employer assessment, the amounts required by s. 299.93 for the environmental assessment, the amounts required by s. 29.983 for the wild animal protection assessment, the amounts required by s. ss. 29.987 and 169.46 (1) for the natural resources assessment surcharge, the amounts required by s. 29.985 for the fishing shelter removal assessment, the amounts required by s. 350.115 for the snowmobile registration restitution payment and the amounts required by s. ss. 29.989 and 169.46 (2) for natural resources restitution payments, transmit to the state treasurer a statement of all moneys required by law to be paid on the actions entered during the preceding month on or before the first day of the next succeeding month, certified by the county treasurer's personal signature affixed or attached thereto, and at the same time pay to the state treasurer the amount thereof.

56,109 Section 109. 59.40 (2) (m) of the statutes is amended to read:

59.40 (2) (m) Pay monthly to the treasurer for the use of the state the state's percentage of the fees required to be paid on each civil action, criminal action and special proceeding filed during the preceding month and pay monthly to the treasurer for the use of the state the percentage of court imposed fines and forfeitures required by law to be deposited in the state treasury, the amounts required by s. 757.05 for the penalty assessment surcharge, the amounts required by s. 165.755 for the crime laboratories and drug law enforcement assessment, the amounts required by s. 167.31 (5) for the weapons assessment, the amounts required by s. 973.045 for the crime victim and witness assistance surcharge, the amounts required by s. 938.34 (8d) for the delinquency victim and witness assistance surcharge, the amounts required by s. 973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by s. 961.41 (5) for the drug abuse program improvement surcharge, the amounts required by s. 100.261 for the consumer information assessment, the amounts authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 for the domestic abuse assessment surcharge, the amounts required by s. 253.06 (4) (c) for the enforcement assessment under the supplemental food program for women, infants and children, the amounts required by ss. 346.177, 346.495 and 346.65 (4r) for the railroad crossing improvement assessment, the amounts required by s. 346.655 for the driver improvement surcharge, the amounts required by s. 102.85 (4) for the uninsured employer assessment, the amounts required by s. 299.93 for the environmental assessment, the amounts required under s. 29.983 for the wild animal protection assessment, the amounts required under s. ss. 29.987 (1) (d) and 169.46 (1) (d) for the natural resources assessment surcharge, the amounts required by s. 29.985 for the fishing shelter removal assessment, the amounts required by s. 350.115 for the snowmobile registration restitution payment and the amounts required under s. ss. 29.989 (1) (d) and 169.46 (2) (d) for the natural resources restitution payments. The payments shall be made by the 15th day of the month following receipt thereof.

56,110 Section 110. 73.0301 (1) (d) 1. of the statutes is amended to read:

73.0301 (1) (d) 1. An approval specified in s. 29.024 (2r) or a license specified in s. 169.35.

56,111 Section 111. 90.20 (title) of the statutes is amended to read:

90.20 (title) Fencing of farm-raised deer that are not white-tailed deer.

56,112 Section 112. 90.20 (1) (a) of the statutes is amended to read:

90.20 (1) (a) "Farm-raised deer" has the meaning given in s. 95.001 (1) (a) (ag).

56,113 Section 113. 90.20 (2) (intro.) of the statutes is amended to read:

90.20 (2) Specifications. (intro.) Any Unless s. 90.21 applies, any person who keeps farm-raised deer shall keep the farm-raised deer enclosed by a fence that meets all of the following requirements:

56,114 Section 114. 90.21 of the statutes is created to read:

90.21 Fencing of farm-raised deer; white-tailed deer. (1) Definitions. In this section:

(a) "Department" means the department of natural resources.

(b) "Farm-raised deer" has the meaning given in s. 95.001 (1) (ag).

(2) Requirements. (a) No person may keep farm-raised deer if any of the farm-raised deer are white-tailed deer unless all of the farm-raised deer are contained in an fenced area for which the person holds a valid fence inspection certificate issued by the department under this section.

(b) The department may not issue a fence inspection certificate under this section for a fence that is used to contain farm-raised deer that are white-tailed deer unless the fence meets the requirements established by the department by rule under sub. (6).

(c) No person may apply for registration under s. 95.55 in order to keep farm-raised deer that are white-tailed deer without being first issued a fence inspection certificate under this section.

(3) Fees. (a) The fee for a fence inspection certificate issued under this section is $50 for a fenced area that is less than 80 acres in size and $100 for a fenced area that is 80 acres or more in size.

(b) If a person expands a fenced area that is less than 80 acres in size during the period that the fence inspection certificate issued under this section is valid so that the fenced area is 80 acres or more in size, the person shall apply for a new fence inspection certificate and pay an additional fee of $50.

(c) A fence inspection certificate issued under par. (a) or (b) shall be valid from the date of issuance until the 10th December 31 following the date of issuance.

(4) New operations; driving out of wild deer. A person who is starting an operation to keep farm-raised deer that are white-tailed deer and who is applying for a fence inspection certificate under this section shall make a reasonable effort to drive any wild white-tailed deer from the area to be fenced before the area is completely closed. No person may place any baiting material in attempt to attract white-tailed deer to remain in the fenced area. If the department issues a certificate under this section, the department shall determine whether any white-tailed deer remaining in the area after the area is completely closed will be killed or will be sold to the holder of the certificate. If the white-tailed deer are to be killed, the department shall determine how the deer will be killed. If the white-tailed deer are to be sold, the holder of the certificate shall pay the department the fair market value for each deer.

(5) Existing operations. A person who holds a license under s. 29.871, 1999 stats., on the effective date of this subsection .... [revisor inserts date], may continue to keep white-tailed deer, and the department shall automatically issue the person a fence inspection certificate under this section that will be valid during the period beginning on the effective date of this subsection .... [revisor inserts date], and ending on the 30th day after the effective date of the rules promulgated under sub. (6).

(6) Rules. The department shall promulgate rules to establish requirements for fences for which fence inspection certificates are issued under this section. If the rules include provisions authorizing the placement of fences in navigable bodies of water, s. 30.12 does not apply to fences placed in compliance with these rules.

(7) Enforcement authority. If a fence fails to comply with the requirements established by rule under sub. (6), the department may issue an order directing the person who is required to maintain the fence to bring the fence into compliance within 10 days after the issuance of the order. If the person fails to comply with the order within 10 days of its issuance, the department may revoke the applicable fence inspection certificate.

(8) Penalties. (a) Any person who violates this section, or a rule promulgated under this section, shall be subject to a forfeiture of not more than $200.

(b) In addition to or in lieu of the forfeiture specified in par. (a), a court may suspend a fence inspection certificate issued under this section, a registration issued under s. 95.55 that authorizes the defendant to keep farm-raised deer, or both, for a period of up to 3 years.

(c) The department may revoke any fence inspection certificate issued under this section to which any of the following applies:

1. The holder fails to comply with an order issued under sub. (7).

2. The department determines that the certificate was fraudulently procured, or erroneously issued.

56,115 Section 115. 93.06 (1g) of the statutes is amended to read:

93.06 (1g) Interstate health certificates Certificates of veterinary inspection. Furnish, to veterinarians in this state, forms to be used by them in issuing interstate health certificates or certificates of veterinary inspection. The department may charge a $2 fee for each form unless the department specifies a different fee by rule.

56,116 Section 116. 93.07 (10) (a) of the statutes is repealed.

56,117 Section 117. 93.07 (10) (b) of the statutes is renumbered 93.07 (10) and amended to read:

93.07 (10) Animal health; quarantine. To protect the health of domestic animals of the located in this state; and of humans residing in this state and to determine and employ the most efficient and practical means for the prevention, suppression, control, and eradication of communicable diseases among domestic animals, and for. For these purposes it the department may establish, maintain, enforce, and regulate such quarantine and such other measures relating to the importation, movement, and care of animals and their products, the disinfection of suspected localities and articles, and the disposition of animals, as the department may deem necessary. The definition of "communicable disease" in s. 990.01 (5g) does not apply to this paragraph.

56,118 Section 118. 93.07 (10m) of the statutes is created to read:

93.07 (10m) Rules for domestic animals. To promulgate rules specifying which animals are domestic animals for purposes of s. 169.01 (7). The rules shall specify that fur-bearing animals to which s. 29.627 applies are domestic animals.

56,119 Section 119. 95.001 (1) (a) of the statutes is renumbered 95.001 (1) (ag) and amended to read:

95.001 (1) (ag) "Farm-raised deer" means an animal that is a member of the family cervidae and of the genus dama, the genus rangifer or the genus cervus, except for an elk a cervid that is kept in captivity or a cervid that is present in the wild and that does not have has an ear tag or other mark identifying it as being raised on a farm.

56,120 Section 120. 95.001 (1) (ad) of the statutes is created to read:

95.001 (1) (ad) "Domestic animal" means any of the following:

1. An animal that is a member of a species that has been domesticated by humans.

2. A farm-raised deer, farm-raised game bird, or farm-raised fish.

3. An animal that is listed as a domestic animal by rule by the department.

56,121 Section 121. 95.001 (1) (ah) of the statutes is created to read:

95.001 (1) (ah) "Farm-raised fish" means any fish egg that is present on a fish farm or any fish that is reared on a fish farm.

56,122 Section 122. 95.001 (1) (ai) of the statutes is created to read:

95.001 (1) (ai) "Farm-raised game bird" has the meaning given in s. 169.01 (12m).

56,123 Section 123. 95.10 (5) of the statutes is amended to read:

95.10 (5) No person shall remove or permit the removal of any swine from any premises where public or commercial garbage is received, except to federally inspected slaughtering establishments and other slaughtering establishments approved by the state to receive diseased animals, and only if such swine are accompanied by a health certificate issued by a veterinarian of veterinary inspection.

56,124 Section 124. 95.12 of the statutes is amended to read:

95.12 False pedigree. No person with intent to defraud shall obtain from any corporation, association, society or company organized for the purpose of improving breeds of domestic animals, a false certificate of registration of any such domestic animal in the herd or other register of any such corporation, association, society or company, or the transfer of any such certificate, or shall, with intent to defraud, give a false pedigree of any such domestic animal.

56,125 Section 125. 95.13 of the statutes is amended to read:

95.13 Misrepresenting breed of domestic animal. No person shall sell or barter or cause to be sold or bartered any domestic animal and represent, or cause to be represented that such domestic animal is a pure bred domestic animal, when in fact such domestic animal is not registered, or entitled to registry, in any pure breed registry maintained for such domestic animals; nor shall any person knowingly utter, pass or deliver to any person as true, any false, or altered pedigree; nor shall any person refuse to deliver proper certificate of registry for any domestic animal sold or transferred by the person, having represented at the time of sale or transfer, and as an inducement thereto, that such domestic animal was registered and that the person possessed and would deliver a certificate of registry as evidence thereof, or that such domestic animal was entitled to registry and that the person would secure such certificate and deliver the same.

56,126 Section 126. 95.17 of the statutes is amended to read: