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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:
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1. Pheasants of the species Phasianus colchicus or Syrmaticus reevesii, chukar
15partridge, gray partridge, or red-legged partridge that are possessed for use under
16a bird hunting preserve license, a dog training license, a hound training license, a
17dog club training license, a dog trial license, or a hound trial license.
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2. Nonnative wild birds of the family anatidae that are migratory birds.
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3. Nonnative wild animals that are harmful wild animals.
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20(5) Exemption for certain persons and institutions. (a) Each of the following
21is exempt from holding a license or other approval as required under this chapter to
22possess any wild animal:
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1. A veterinarian, for the purpose of providing medical treatment to wild
24animals.
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2. A public zoo or aquarium.
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13. A circus or the Circus World Museum located in Baraboo, Wisconsin.
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4. The department.
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5. A person who is licensed under s. 95.68 or 95.71 and who is possessing the
4wild animal under the authority of the license.
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6. A person who is licensed under s. 95.69 and who possesses wild animals for
610 days or less and solely for the purpose of resale or slaughter.
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(b) For purposes of par. (a) 1., "medical treatment" does not include
8rehabilitation.
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9(6) Inapplicability to certain wild animals. (a) This section does not authorize
10the possession of harmful wild animals.
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(b) The possession of native wild reptiles and native wild amphibians is subject
12to s. 169.12 and not to this section.
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13169.05 Taking of wild animals. (1) Requirement. No person may take any
14wild animal from the wild except as authorized under a bird hunting preserve
15license, a wild fur farm license, a rehabilitation license, or a scientific research
16license or under s. 29.319.
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17(2) Exemption for certain wild animals. A person is exempt from the
18requirement under sub. (1) if the wild animal that the person takes from the wild is
19a native wild animal that is exempt under s. 169.04 (4) (a).
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20(3) Exemption for certain persons and institutions. (a) Each of the following
21is exempt from the requirement under sub. (1):
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1. A veterinarian, for the purpose of providing medical treatment to wild
23animals.
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2. The department.
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1(b) For purposes of par. (a) 1., "medical treatment" does not include
2rehabilitation.
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3(4) Inapplicability to certain wild animals. (a) This section does not authorize
4the taking of harmful wild animals.
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(b) The taking of native wild reptiles and native wild amphibians is subject to
6s. 169.12 and not to this section.
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7169.06 Introduction, stocking, and release of wild animals. (1)
8Requirement; persons other than the department. (a) No person may introduce,
9stock, or release into the wild, or import into this state to introduce, stock, or release
10into the wild, any wild animal except as authorized under a bird hunting preserve
11license, a bird dog training license, a hound dog training license, a dog club training
12license, a bird dog trial license, a hound dog trial license, a stocking license, a
13rehabilitation license, or a scientific research license or under s. 29.319.
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(b) No person may introduce, stock, or release into the wild, or import into this
15state for introducing, stocking, or releasing into the wild, any wild animal unless the
16department has given its authorization under par. (c) and the person has complied
17with the requirements under par. (d).
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(c) The department may authorize the introducing, stocking, releasing into the
19wild, or importing of a species of wild animal only if the department has determined
20that the wild animal will not be detrimental in any manner to the conservation of the
21natural resources of this state.
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(d) Introducing, stocking, or releasing a wild animal under this section is
23subject to all of the following requirements:
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1. If a 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), the person
2introducing, stocking, or releasing the wild animal shall ensure that a veterinarian
3files a copy of a valid certificate of veterinary inspection with the department of
4agriculture, trade and consumer protection certifying that the wild animal is free of
5any such diseases before the introducing, stocking, or release.
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2. A person introducing, stocking, or releasing wild birds under the authority
7of a stocking license, a bird hunting preserve license, a bird dog training license, or
8a bird dog trial license may only introduce, stock, or release wild birds that meet all
9of the following requirements:
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a. The wild birds originate from a flock of a person participating in the national
11poultry improvement plan under
9 CFR part 145 and any other captive wild birds
12with which they have had contact originate from such a flock.
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b. Within 30 days before the introducing, stocking, or release, the wild birds
14meet the requirements of any rules promulgated by the department under sub. (3m).
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15(2) Reports. At the request of a municipality in an area in which wild animals
16are introduced, stocked, or released under sub. (1), the department shall require a
17person who introduced, stocked, or released those wild animals to report to the
18municipality the number and species of wild animals introduced, stocked, or released
19and the location at which the animals were introduced, stocked, or released.
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20(3) By the department. The department may import into this state to
21introduce, stock, or release into the wild, may introduce, stock, or release into the
22wild, or may authorize introducing, stocking, or releasing into the wild, a wild animal
23without holding a license as required under sub. (1) (a).
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24(3m) Introduction requirements. (a) The department may promulgate rules
25to establish the following:
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11. Additional requirements that wild animals shall meet before they enter this
2state.
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2. Additional requirements that any animals shall meet before they may be
4introduced, stocked, or released into the wild.
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(b) The requirements under par. (a) may include mandatory testing of the
6animals for disease.
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7(4) Exemption. Subsections (1) to (3m) do not apply to wild animals that are
8released into the wild after being accidentally trapped or confined.
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9169.07 Exhibition of live wild animals. (1) Requirement. (a) No person
10may exhibit any captive live native
wild animal or any captive live nonnative wild
11animal of the family ursidae except as authorized under a captive wild animal farm
12license, a rehabilitation license, a nonprofit educational exhibiting license, or a
13nonresident temporary exhibiting license or under s. 29.319.
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(b) If a person exhibits a wild animal subject to par. (a) under the authority of
15a captive wild animal farm license or a rehabilitation license, the person may exhibit
16only those species of wild animals that are specified by the department on the license.
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17(2) Exemption for certain wild animals. A person is exempt from the
18requirements under sub. (1) if the wild animal that the person exhibits is a wild
19animal that is exempt under s. 169.04 (4) (a) or (b).
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20(3) Exemption for certain institutions. Each of the following is exempt from
21the requirements under sub. (1):
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(a) A public zoo or aquarium.
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(b) A circus or the Circus World Museum located in Baraboo, Wisconsin.
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(c) The department.