AB614, s. 222
24Section
222. 100.04 (1) of the statutes is amended to read:
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1100.04
(1) Definition. In this section, "livestock" means swine, cattle, poultry,
2sheep, goats or farm-raised deer, as defined in s. 95.001 (1)
(a) (ag).
AB614, s. 223
3Section
223. 167.31 (4) (b) of the statutes is amended to read:
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167.31
(4) (b) Subsections (2) (a), (b) and (c) and (3) (a) and (b) do not apply to
5the holder of a
scientific research license under s. 169.25 or a scientific collector
6permit under s. 29.614 who is using a net gun or tranquilizer gun in an activity
7related to the purpose for which the
license or permit was issued.
AB614, s. 224
8Section
224. Chapter 169 of the statutes is created to read:
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Chapter 169
10
Captive wildlife
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11169.01 Definitions. In this chapter:
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12(1) "Animal" means any mammal, bird, reptile, amphibian, mollusk, or
13arthropod or any egg of any bird, reptile, amphibian, mollusk, or arthropod except
14that "animal" does not include any mollusk or arthropod, or any egg of any mollusk
15or arthropod, if the mollusk or arthropod is regulated under s. 93.07 (12) or (13),
1694.01, 94.02, 94.03, or 94.76.
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17(2) "Captive" means any of the following:
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(a) Restrained by a cage, pen, fence, or other enclosure.
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(b) Restrained by physical alterations that limit movement or facilitate
20capture.
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(c) Restrained by a leash or a tether or otherwise tied.
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(d) Held in a controlled environment that is designed to prevent the departure
23from the controlled environment.
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24(3) "Carcass" means the dead body of any wild animal including the head, hair,
25skin, plumage, skeleton, meat, or any other part thereof.
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1(4) "Circus" means a scheduled event staged by a traveling company with
2mobile facilities in which entertainment consisting of a variety of performances by
3acrobats, clowns, or trained animals is the primary attraction or principal business.
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4(5) "Conservation warden" means a warden appointed under s. 23.10.
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5(6) "Department" means the department of natural resources.
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6(7) "Domestic animal" means a farm-raised deer, a pet bird, a farm-raised
7game bird, or an animal that is listed as a domestic animal by rule by the department
8of agriculture, trade and consumer protection.
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9(8) "Dressed fur" has the meaning given in s. 29.501 (1) (a).
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10(9) "Endangered or threatened species" means those species of wild animals
11that are indigenous to the United States or Canada and are identified on the federal
12list of endangered and threatened species or on the Wisconsin list of endangered and
13threatened species.
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14(11) "Exhibit" means to display for the purpose of public viewing, regardless
15of whether a fee is charged.
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16(12) "Farm-raised deer" has the meaning given in 95.001 (1) (ag).
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17(12m) "Farm-raised game bird" means a bird of a wild nature that is not native
18that is held captive, but that is not possessed under the authority of a license issued
19under s. 169.15, 169.19, 169.20, or 169.21.
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20(13) "Free-roaming" means not captive.
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21(14) "Fur-bearing wild animal" includes badger, beaver, bobcat, coyote, fisher,
22red fox, gray fox, lynx, marten, mink, muskrat, opossum, otter, raccoon, skunk,
23weasel, and wolf.
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24(15) "Harm to the environment" includes adversely affecting the natural
25population dynamics of wild animals or wild plants, adversely affecting the habitat
1of wild animals or wild plants, or displacing wild animals or wild plants from any part
2of their habitat.
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3(15m) "Harmful wild animal" means a wild animal designated under s. 169.11
4(1) (a).
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5(16) "Humane officer" means an officer appointed under s. 173.03.
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6(18) "Introduce" means to release for the purpose of allowing the animal to
7establish a population in an area in the wild where that species of animal is not
8naturally present at the time the wild animal is released.
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9(19) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c) and
10does not include a conservation warden.
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11(20) "License year" means the year during which a license is valid.
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12(20m) "Migratory bird" means a bird of a species on the list in
50 CFR 10.13 13that is promulgated under
16 USC 701 to
715s.
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14(21) "Municipality" means a city, village, or town.
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15(22) "Native" means indigenous and occurring or having occurred naturally
16within the boundaries of this state.
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17(23) "Nonnative wild animal" means a wild animal that is not native.
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18(24) "Nonresident" means a person who is not a resident of this state.
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19(25) "Person" means any individual, partnership, firm, joint stock company,
20corporation, association, trust, estate, or other legal entity.
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21(25m) "Pet bird" means a bird that is either a psittacine or a soft bill and that
22is not native, not identified on the federal list of endangered and threatened species,
23and not a migratory bird.
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24(26) "Possess" means to own, control, restrain, transport, or keep.
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1(27) "Propagate" means to breed, encourage, or facilitate for the purpose of
2generating offspring.
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3(28) "Public zoo or aquarium" means a zoo or aquarium that is operated by the
4state or by a city, village, or county or that is an accredited member of the American
5Zoo and Aquarium Association.
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6(29) "Purchase" means to acquire through a sale or through an exchange for
7consideration.
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8(30) "Raw fur" has the meaning given in s. 29.501 (1) (e).
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9(30m) "Rehabilitate" means to provide care or treatment to an orphaned, sick,
10or injured wild animal for the purpose of releasing it back into the wild.
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11(31) "Sell" means to transfer or exchange for consideration.
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12(32) "State resident" has the meaning given "resident" in s. 27.01 (10) (a).
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13(33) "Stock" means to release for the purpose of increasing or maintaining a
14population of the animal.
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15(34) "Take" means to capture, but does not include killing.
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16(35) "Veterinarian" means either of the following:
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(a) A veterinarian who is licensed in this state to practice veterinary medicine
18under ch. 453 and who is certified under rules promulgated by the department of
19agriculture, trade and consumer protection.
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(b) A veterinarian who is licensed by another state to practice veterinary
21medicine and who is accredited under 9 CFR ch. I subch. J.
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22(36) "Wild amphibian" means a wild animal that is an amphibian.
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23(37) "Wild animal" means any animal of a wild nature that is normally found
24in the wild and that is not a domestic animal.
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25(38) "Wild bird" means a wild animal that is a bird.
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1(39) "Wild reptile" means a wild animal that is a reptile.
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2169.02 Title to wild animals. (1)
Title vested in owner. Except as provided
3in sub. (3), legal title to a live captive wild animal or the carcass of a captive wild
4animal is vested in the person who owns the wild animal if the person is in
5compliance with this chapter and the rules promulgated under this chapter. A
6person holding legal title may transfer without consideration the live captive wild
7animal or the carcass of the captive wild animal to a person who is in compliance with
8this chapter and the rules promulgated under this chapter. A person holding legal
9title to a live captive wild animal may kill it, or have it killed, in a humane manner.
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10(2) Title with state. The department may assume on behalf of the state, or may
11sell or otherwise transfer to another person, legal title to any live captive wild
12animal, or the carcass of any captive wild animal, that is possessed by any person in
13violation of this chapter or the rules promulgated under this chapter.
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14(3) Exceptions. Legal title to a live captive wild animal or the carcass of a
15captive wild animal that is possessed as authorized under a rehabilitation license or
16a scientific research license remains with the state. A person holding a rehabilitation
17license or a scientific research license may transfer or dispose of a live captive wild
18animal or the carcass of a captive wild animal only as specifically authorized by the
19department.
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20169.03 Interagency cooperation. The department of natural resources and
21the department of agriculture, trade and consumer protection shall cooperate with
22each other with respect to any wild animal that is subject to regulation under this
23chapter and under ch. 93 or 95.
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1169.04 Possession of live wild animals. (1) Restrictions on possession.
2(a) No person may possess any live wild animal unless the wild animal is legally
3obtained.
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(b) No person may possess any live wild animal unless the person holds a
5license or other approval to possess the wild animal as required under this chapter
6or under s. 29.319 and the person is otherwise in compliance with this chapter and
7the rules promulgated under this chapter.
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8(2) Temporary possession. (a) A person possessing a live native wild animal
9for a period not to exceed 24 hours is exempt from having a license or other approval
10as required under sub. (1) (b) if the person is possessing the wild animal for any of
11the following purposes:
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1. To restrain or transport the wild animal for medical treatment by a
13veterinarian or by a person holding a rehabilitation license.
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2. To remove or transport the wild animal from one location to a more
15appropriate location.
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3. To restrain or transport the wild animal for game censuses or surveys, or
17other purposes authorized by the department.
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(b) If a person possessing a live native wild animal under par. (a) determines
19that it is necessary to possess the wild animal for a period exceeding 24 hours after
20the time the wild animal was first possessed, the person shall request that the
21department approve an extension of the time period for the temporary possession.
22The department may either deny the requested extension or approve it for a specific
23period of time.
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(d) If a live wild animal has been exposed to or infected with any contagious or
25infectious disease, as defined under rules promulgated by the department of
1agriculture, trade and consumer protection under s. 95.001 (2), during the time the
2wild animal is being temporarily possessed, the person possessing the wild animal
3shall ensure that a veterinarian files with the department of agriculture, trade and
4consumer protection a copy of a valid certificate of veterinary inspection that certifies
5that the wild animal is free of any such diseases before releasing it into the wild.
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6(3) Wild animals under another jurisdiction. A live wild animal possessed
7by a nonresident under the legal authority of another state, province, or country may
8be possessed in this state by the nonresident for not more than 60 days from the date
9the wild animal enters the state if all of the following apply:
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(a) The nonresident ensures that a veterinarian files a copy of a valid certificate
11of veterinary inspection for the wild animal with the department of agriculture,
12trade and consumer protection.
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(b) The nonresident holds every license or other approval that is required by
14the other state, province, or country.
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15(4) Exemption for certain wild animals. (a) A person is exempt from holding
16a license or other approval as required under this chapter to possess live native wild
17animals if the wild animals are not endangered or threatened species and are any
18of the following:
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1. Arthropods.
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2. Chipmunks.
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3. Pocket gophers.
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6. Mollusks.
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7. Opossums.
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9. Porcupines.
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12. English sparrows.
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13. Starlings.
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14. Ground squirrels.
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15. Red squirrels.
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17. Weasels.
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(b) A person is exempt from holding a license or other approval as required
12under this chapter to possess live nonnative wild animals that are not endangered
13or threatened species, except for any of the following: