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18(4) Dog training and trial licenses. Each person holding a bird dog training
19license, a hound dog training license, a dog club training license, a bird dog trial
20license, or a hound dog trial license shall keep a receipt of the purchase of each wild
21animal purchased under the authority of the license and a correct and complete
22record of any testing for disease on these wild animals that is required under rules
23promulgated under s. 169.06 (3m).
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1(5) Scientific research licenses. Each person holding a scientific research
2license shall keep a correct and complete record of all of the following information for
3each wild animal:
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(a) The disposition of the wild animal, including the date and location of its
5release into the wild or its transfer to the department.
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(b) The cause of death, if known, for a wild animal that dies.
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7(7) Additional information. The department may impose additional
8record-keeping requirements on any holders of licenses under this chapter.
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9(8) Zoos. If a zoo or aquarium is not an accredited member of the American Zoo
10and Aquarium Association, the governing body of the zoo or aquarium shall keep
11correct and complete records of all transactions involving the movement of wild
12animals that are native wild animals, nonnative wild animals of the family cervidae,
13harmful wild animals, or endangered or threatened species. The department shall
14determine the information to be kept in these records.
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15(9) Records; timing. (a) A person holding a license subject to this section shall
16record all of the information required under this section within 7 days after the
17occurrence of the transaction or activity. A person holding a license subject to this
18section shall keep these records for 3 years after the last day of the year in which the
19record was entered.
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(b) In addition to the requirements under par. (a), the person holding a license
21subject to this section shall provide a copy of the record required under this section
22to the department on a quarterly basis, as determined by the department, if the
23transaction or activity involved any live wild animal of the family canidae, ursidae,
24mustelidae, or felidae, or any harmful wild animal.
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1(d) The department may require, by rule, that submission of the records
2required under this section to the department be a condition for renewal of any
3license subject to this section.
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4(10) Reports. (a) Each person holding a license subject to this section shall
5submit an annual summary report for each license year to the department that
6contains all of the following information for each species of wild animal possessed by
7the person holding the license:
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1. The number of wild animals that the person holding the license possesses
9on the date of the report.
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2. The number of wild animals that the person holding the license has
11purchased or otherwise acquired during the reporting year.
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3. The number of wild animals that the person holding the license has sold,
13released into the wild, or otherwise transferred during the reporting year.
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4. The number of wild animals that have been killed or have escaped or died
15during the reporting year.
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(b) The person holding the license shall submit the annual report under par.
17(a) within 30 days after the last day of the license year that the report covers.
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18(10m) Prior records. A person required to keep records or reports under s.
1929.853 (3) (b), 1999 stats., 29.855 (3) (c), 1999 stats., s. 29.865 (4) (b), 1999 stats.,
2029.867 (8), 1999 stats., s. 29.869 (9), 1999 stats., s. 29.871, 1999 stats., or s. 29.877
21(6), 1999 stats., shall maintain copies of the records and reports that are in existence
22on the effective date of this subsection .... [revisor inserts date] for a period of 3 years
23beginning on the effective date of this subsection .... [revisor inserts date].
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1(11) Requirements as to form. The records and reports required under this
2section shall be in the English language and shall be on forms provided by the
3department or in a format approved by the department.
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4169.37 Inspections. (1)
Departmental authority. For purposes of enforcing
5this chapter and the rules promulgated under this chapter with respect to a person
6who is required to have a license or maintain records under this chapter, a
7conservation warden or representative of the department, upon presenting his or her
8credentials to that person, may do any of the following:
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(a) Enter and inspect any land, vehicle, building, or other structure where live
10wild animals are possessed or where carcasses of wild animals are possessed.
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(b) Inspect any equipment, materials, or other activities related to the wild
12animals.
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(c) Gain access to and inspect any records required to be kept under s. 169.36.
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(d) Investigate and inspect any wild animal or any other animal to be
15introduced, stocked, or released into the wild. Inspection under this paragraph may
16include the removal of reasonable diagnostic samples from wild animals for
17biological examination.
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18(2) Times for inspections. An inspection authorized under sub. (1) or (4) may
19be conducted during any of the following times:
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(a) Normal business hours.
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(b) During the time that the person who possesses wild animals or carcasses
22of wild animals is conducting business.
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(c) At any time, if the inspection is necessary for public health, safety, or
24welfare.
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1(3) Prohibiting inspections. No person who has been requested to submit to
2an inspection under this section or s. 169.38 or an operator of a vehicle for such a
3person, or employee or person acting on behalf of such a person, may prohibit entry
4as authorized under this section or s. 169.38 unless a court restrains or enjoins the
5entry or inspection.
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6(4) Inspections of introduced or stocked animals. Only persons determined
7by the department to be experienced in wildlife disease may remove diagnostic
8samples under sub. (1) (d).
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9(5) Taxidermists. For an inspection of a taxidermist's place of business, this
10section does not apply, and the department shall conduct the inspection as
11authorized under s. 29.506 (7).
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12169.38 Inspections of items subject to regulation by the department of
13agriculture, trade and consumer protection. (1) Departmental authority. For
14purposes of enforcing s. 90.21 and rules promulgated under that section and ch. 29
15and rules promulgated under that chapter, with respect to a person who keeps
16farm-raised deer that are white-tailed deer, and for purposes of enforcing this
17chapter and ch. 29 and rules promulgated under this chapter and ch. 29, with respect
18to a person who keeps farm-raised game birds or wild animals under a license issued
19under s. 95.68, 95.69, or 95.71, a conservation warden or representative of the
20department, upon presenting his or her credentials to that person, may do any of the
21following:
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(a) Enter and inspect any land, vehicle, building, or other structure where
23white-tailed deer, farm-raised game birds, or wild animals are possessed or where
24carcasses of white-tailed deer, farm-raised game birds, or wild animals are
25possessed.
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1(b) Inspect any equipment, materials, or other activities related to farm-raised
2deer that are white-tailed deer, farm-raised game birds, or wild animals.
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(c) Gain access to and inspect any records that relate to farm-raised deer that
4are white-tailed deer and that are required to be kept under s. 93.07 (10), 95.55, or
5169.36 (10m) or any rules promulgated under those sections.
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(d) Gain access to and inspect any records relating to farm-raised game birds
7required to be kept under s. 93.07 (10) or 95.57 or any rules promulgated under those
8sections.
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(e) Gain access to and inspect any records relating to wild animals required to
10be kept under s. 93.07 (10), 95.68, 95.69, 95.71, or 169.36 (10m) or any rules
11promulgated under those sections.
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12(2) Times for inspections. An inspection authorized under sub. (1) may be
13conducted during any of the following times:
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(a) Normal business hours.
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(b) During the time that the person who keeps white-tailed deer, farm-raised
16game birds, or wild animals is conducting business.
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(c) At any time, if the inspection is necessary for public health, safety, or
18welfare.
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(d) At any time, if the inspection is limited to determining whether a fence that
20is used to contain farm-raised deer that are white-tailed deer complies with the
21requirements established by rule under s. 90.21 (6).
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22169.39 Humane care and housing. (1) Compliance with rules. No license
23may be issued under this chapter unless the department determines that the
24applicant will comply with all of the rules promulgated under subs. (2) and (3).
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1(2) Rules; general. The department shall promulgate and enforce rules for the
2housing, care, treatment, enrichment, feeding, and sanitation of wild animals
3subject to regulation under this chapter to ensure all of the following:
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(a) That the wild animals receive humane treatment and enrichment.
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(b) That the wild animals are held under sanitary conditions.
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(c) That the wild animals receive adequate housing, care, and food.
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(d) That the public is protected from injury by the wild animals.
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8(3) Rules; housing. The rules for housing under sub. (2) shall include
9requirements for the size and location of permanent enclosures and of temporary
10enclosures at locations other than those where the wild animals are permanently
11housed. The rules regulating the location of enclosures shall include the distance
12required between 2 enclosures. The rules for housing shall include specifications for
13enclosures for each species of harmful wild animal that the department designates
14under s. 169.11 (1).
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15(4) Orders. The department may issue an order requiring any person holding
16a license under this chapter to comply with the rules promulgated under sub. (2).
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17169.40 Trespassing. A person who hunts, traps, kills, or takes a wild animal
18subject to regulation under this chapter on land subject to a license issued under this
19chapter without the permission of the license holder or of the holder's employee or
20agent is liable to the license holder for any damage that the person causes to any wild
21animal that is subject to regulation under this chapter or to any property or land that
22is subject to the license.
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23169.42 Taking custody of captive wild animals. (1) Intake of wild
24animals. A conservation warden may take into custody a wild animal that is subject
25to regulation under this chapter on behalf of the department if the conservation
1warden has reasonable grounds to believe that the wild animal is one of the
2following:
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(a) An abandoned or stray captive wild animal.
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(b) An unwanted captive wild animal delivered to the conservation warden.
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(c) A wild animal possessed, taken, introduced, stocked, released, exhibited,
6propagated, rehabilitated, hunted, sold, or purchased in violation of this chapter, any
7rule promulgated under this chapter, or any ordinance enacted under s. 169.43.
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(d) A captive wild animal that is not confined as required by a quarantine under
9s. 93.07 (10) or any rule or ordinance relating to the control of any animal disease.
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(e) A captive wild animal that has caused damage to persons or property.
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(f) A participant in an animal fight intentionally instigated by any person.
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(g) A captive wild animal that has been mistreated in violation of this chapter,
13any rule promulgated under this chapter, or ch. 951.
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(h) A captive wild animal delivered by a veterinarian under s. 173.13 (2).
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(i) A captive wild animal that is dead, dying, or sick and that has been exposed
16to, or is known to be infected with, a contagious or infectious disease as defined in
17the rules promulgated by the department of agriculture, trade and consumer
18protection under s. 95.001 (2) or with a disease or parasite that has pathological
19significance to humans or to any animals.
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(j) A captive wild animal that has escaped and has not been returned to its
21owner or another person who is authorized to possess the animal.
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(k) A wild animal that is being housed or held in violation of s. 169.39.
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23(2) Transfer of wild animals. (a) A conservation warden shall accept into
24custody any wild animal that is delivered by a law enforcement officer or humane
25officer.
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1(b) A conservation warden and the department shall comply with the
2applicable procedures under ss. 29.931, 29.934, and 968.20 as they relate to seized
3and confiscated wild animals, carcasses, vehicles, boats, or other objects or property.
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4169.43 Local ordinances. A municipality or county may enact and enforce
5an ordinance that prohibits the possession or selling of live wild animals.
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6169.45 Penalties; revocations. (1) Definition. In this section, "violation of
7this chapter" means a violation of this chapter or any rule promulgated under this
8chapter.
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9(2) Penalties. For a violation of this chapter, a person shall be subject to a
10forfeiture of not more than $200, except as follows:
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(a)
Possession. For possessing any live wild animal, or a carcass of a wild
12animal, in violation of this chapter, a person shall forfeit not less than $100 nor more
13than $500.
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(b)
Sale or purchase. For selling or purchasing any live wild animal in violation
15of this chapter, a person shall be fined not less than $100 nor more than $2,000 or
16imprisoned for not more than 6 months or both.
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(c)
Possession, sale, release, and descenting of live skunks. For possessing,
18selling, purchasing, descenting, introducing, stocking, or releasing into the wild a
19live skunk in violation of this chapter, a person shall forfeit not less than $100 nor
20more than $1,000. This penalty shall apply in lieu of the penalties under pars. (a)
21and (b).
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(d)
Taking of bear and deer. For taking bear or deer from the wild in violation
23of s. 169.05, or a rule promulgated thereunder, a person shall be fined not less than
24$1,000 nor more than $2,000 or imprisoned for not more than 6 months or both.
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1(e)
Harmful wild animals. For a violation of s. 169.11 (2) (b) or (c), a person shall
2be fined not less than $500 nor more than $5,000 or imprisoned for not more than
36 months or both.
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(g)
Obtaining license during period of revocation. For obtaining any license
5under this chapter during the period of time when that license is revoked or
6suspended by any court, a person shall be fined not more than $200 or imprisoned
7for not more than 90 days or both.
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8(3) Penalty; violation of order. Any person who fails to comply with an order
9issued under s. 169.39 (4) within 10 days after its issuance is subject to a forfeiture
10of not more than $200.
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11(4) Diminished penalties. No penalty imposed under sub. (2) shall be held to
12be diminished because the violation for which it is imposed falls also within the scope
13of a more general prohibition.
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14(5) Penalties; repeaters. If a person is convicted of any violation of this chapter
15and it is alleged in the indictment, information, or complaint, and proved or admitted
16at trial or ascertained by the court after conviction that the person was previously
17convicted within a period of 5 years for a violation of this chapter, the person shall
18be subject to all of the following in addition to the penalty for the current violation:
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(a) The person shall be fined not more than $100 or imprisoned for not more
20than 6 months or both.
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(b) For violations under sub. (2) (a), (b), (d), and (e), the court shall revoke all
22of the licenses issued to the person under this chapter, and the department may not
23issue any license under this chapter to the person for a period of one year after the
24current conviction.
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1(6) Court revocations and suspensions. In addition to or in lieu of any other
2penalty for violation of this chapter, the court may revoke or suspend any privilege
3or license under this chapter for a period of up to 3 years.
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4(7) Revocations by the department. In addition to revocations under subs. (5)
5(b) and (6), the department may revoke any license to which any of the following
6applies:
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(a) The department determines that the license was fraudulently procured,
8erroneously issued, or otherwise prohibited by law.
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(b) The department determines that the person holding the license is not in
10compliance with this chapter or with a rule promulgated under this chapter.
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11(8) Prohibitions during periods of suspension or revocation. (a) Any person
12who has had a license or privilege under this chapter revoked or suspended and who
13engages in the activity authorized by the license or in the privilege during the period
14of revocation or suspension is subject to the following penalties, in addition to any
15other penalty imposed for failure to have a license:
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1. For the first conviction, the person shall forfeit not less than $300 nor more
17than $500.
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2. If the number of convictions in a 5-year period equals 2 or more, the person
19shall be fined not less than $500 nor more than $1,000.
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(b) The 5-year period under par. (a) 2. shall be measured from the dates of the
21violations which resulted in the convictions.
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22(9) Parties to a violation. (a) Whoever is concerned in the commission of a
23violation of this chapter is a principal and may be charged with and convicted of the
24violation of this chapter although he or she did not directly commit it and although
1the person who directly committed it has not been convicted of the violation of this
2chapter.
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(b) A person is concerned in the commission of the violation of this chapter if
4the person does any of the following:
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1. Directly commits the violation of this chapter.
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2. Aids and abets the commission of the violation of this chapter.