2001 Wisconsin Act 56

56,49 Section 49. 29.354 (5) of the statutes is created to read:

29.354 (5) Captive wild animals. This section does not apply to farm-raised deer, farm-raised fish, farm-raised game birds, or wild animals that are subject to regulation under ch. 169.

56,50 Section 50. 29.357 (5) (b) of the statutes is amended to read:

29.357 (5) (b) Subsections (1) to (4) do not apply to the possession, transportation, delivery or receipt of farm-raised deer or, farm-raised fish , farm-raised game birds, or wild animals that are subject to regulation under ch. 169.

56,51 Section 51. 29.501 (9m) of the statutes is created to read:

29.501 (9m) This section applies to the raw furs and dressed furs of fur-bearing animals that are subject to regulation under ch. 169.

56,52 Section 52. 29.506 (4) of the statutes is amended to read:

29.506 (4) Authorization. Subject to this section, a taxidermist permit authorizes the permit holder to possess and transport wild animals or carcasses of wild animals in connection with his or her business. This authority supersedes, to the extent permitted under this section, restrictions on the possession and transportation of wild animals and carcasses of wild animals established under this chapter and ch. 169. A taxidermist permit entitles the permit holder to the same privileges as a Class A fur dealer's license.

56,53 Section 53. 29.539 (1m) of the statutes is amended to read:

29.539 (1m) Subsection (1) 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 or the carcasses of these animals.

56,54 Section 54. 29.541 (3) of the statutes is amended to read:

29.541 (3) Exemption. This section does not apply to the meat from farm-raised deer or from, farm-raised fish, or farm-raised game birds or to meat that is subject to regulation under s. 169.14.

56,55 Section 55. 29.563 (9) (intro.) and (a) (title) of the statutes are repealed.

56,56 Section 56. 29.563 (9) (a) 1. of the statutes is renumbered 29.563 (7) (c) 5m.

56,57 Section 57. 29.563 (9) (a) 2. to 10. and (b) of the statutes are repealed.

56,58 Section 58. 29.563 (9) (c) of the statutes is repealed.

56,59 Section 59. 29.614 (3) of the statutes is amended to read:

29.614 (3) A scientific collector permit authorizes the permittee to collect or salvage from the wild, for scientific purposes only, the eggs, nest and live fish and the nests and carcasses of any wild animals specified in the permit subject to the conditions and limitations specified in the permit and the rules of the department. The permittee may use the specimens for the scientific purposes for which collected or salvaged and may transport them or cause them to be transported by common carrier. Possession of these specimens may not be transferred to any other person, except that these specimens may be exchanged for other specimens for scientific purposes. A scientific collector permit may authorize the use of net guns and tranquilizer guns for activities related to the purposes for which the permit is issued. Any person who is convicted of violating this chapter shall forfeit the person's permit and the permit is thereby revoked, in addition to all other penalties. Any person so convicted is not eligible for a permit under this section for one year following the conviction.

56,60 Section 60. 29.741 (1) of the statutes is repealed.

56,61 Section 61. 29.741 (2) of the statutes is renumbered 29.741 and amended to read:

29.741 State propagation of wild animals Food in the wild for game birds. No person shall may, from the public waters of this state, take, remove, sell, or transport from the public waters of this state to any place beyond the borders of the state, any duck potato, wild celery, or any other plant or plant product except wild rice, that is native in said to these waters and that is commonly known to furnish food for game birds.

56,62 Section 62. 29.745 of the statutes is repealed.

56,63 Section 63. 29.853 (title) of the statutes is repealed.

56,64 Section 64. 29.853 (1) of the statutes is repealed.

56,65 Section 65. 29.853 (2) of the statutes is repealed.

56,66 Section 66. 29.853 (3) of the statutes is repealed.

56,67 Section 67. 29.853 (4m) of the statutes is repealed.

56,68 Section 68. 29.853 (5) (title) of the statutes is repealed.

56,69 Section 69. 29.853 (5) of the statutes is renumbered 29.334 (2) and amended to read:

29.334 (2) A person who violates this section sub. (1) shall forfeit not less than $100 nor more than $1,000.

56,70 Section 70. 29.855 (title) of the statutes is repealed.

56,71 Section 71. 29.855 (1) of the statutes is repealed.

56,72 Section 72. 29.855 (2) of the statutes is repealed.

56,73 Section 73. 29.855 (3) of the statutes is repealed.

56,74 Section 74. 29.855 (4) (title) of the statutes is repealed.

56,75 Section 75. 29.855 (4) of the statutes is renumbered 169.04 (2) (e) and amended to read:

169.04 (2) (e) No person may operate on a live wild skunk to remove its scent glands unless the person who possesses holds a Class A or Class B captive wild animal farm license or unless the person is a veterinarian and the person bringing the skunk is authorized under s. 29.857 or 29.869 to the veterinarian holds such a license. A veterinarian to whom a person brings a live wild skunk for removal of its scent glands or for other treatment shall verify whether the person holds a Class A or Class B captive wild animal farm license. If the person does not hold such a license, the veterinarian shall notify that person that possession of a live skunk is illegal and shall notify the department.

56,76 Section 76. 29.855 (5) of the statutes is repealed.

56,77 Section 77. 29.855 (6) of the statutes is repealed.

56,78 Section 78. 29.855 (7) of the statutes is repealed.

56,79 Section 79. 29.857 of the statutes is repealed.

56,80 Section 80. 29.861 of the statutes is repealed.

56,81 Section 81. 29.863 of the statutes is repealed.

56,82 Section 82. 29.865 of the statutes is repealed.

56,83 Section 83. 29.867 of the statutes is repealed.

56,84 Section 84. 29.869 of the statutes is repealed.

56,85 Section 85. 29.871 of the statutes is repealed.

56,86 Section 86. 29.873 of the statutes is renumbered 29.627.

56,87 Section 87. 29.875 (1) of the statutes is amended to read:

29.875 (1) The department may seize and dispose of or may authorize the disposal of any deer that has escaped from land licensed under s. 29.867 or 29.871 or owned by a person registered under s. 95.55 if the escaped deer has traveled more than 3 miles from the land or if the licensee or person has not had the deer returned to the land within 72 24 hours of the discovery of the escape.

56,88 Section 88. 29.877 of the statutes is repealed.

56,89 Section 89. 29.879 of the statutes is repealed.

56,90 Section 90. 29.881 of the statutes is repealed.

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: