SB307: Bill Text

SB307,56,18 (24) "Nonresident" means a person who is not a resident of this state.

SB307,56,20 (25) "Person" means any individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity.

SB307,56,23 (25m) "Pet bird" means a bird that is either a psittacine or a soft bill and that is not native, not identified on the federal list of endangered and threatened species, and not a migratory bird.

SB307,56,24 (26) "Possess" means to own, control, restrain, transport, or keep.

SB307,57,2 (27) "Propagate" means to breed, encourage, or facilitate for the purpose of generating offspring.

SB307,57,5 (28) "Public zoo or aquarium" means a zoo or aquarium that is operated by the state or by a city, village, or county or that is an accredited member of the American Zoo and Aquarium Association.

SB307,57,7 (29) "Purchase" means to acquire through a sale or through an exchange for consideration.

SB307,57,8 (30) "Raw fur" has the meaning given in s. 29.501 (1) (e).

SB307,57,10 (30m) "Rehabilitate" means to provide care or treatment to an orphaned, sick, or injured wild animal for the purpose of releasing it back into the wild.

SB307,57,11 (31) "Sell" means to transfer or exchange for consideration.

SB307,57,12 (32) "State resident" has the meaning given "resident" in s. 27.01 (10) (a).

SB307,57,14 (33) "Stock" means to release for the purpose of increasing or maintaining a population of the animal.

SB307,57,15 (34) "Take" means to capture, but does not include killing.

SB307,57,16 (35) "Veterinarian" means either of the following:

SB307,57,19 (a) A veterinarian who is licensed in this state to practice veterinary medicine under ch. 453 and who is certified under rules promulgated by the department of agriculture, trade and consumer protection.

SB307,57,21 (b) A veterinarian who is licensed by another state to practice veterinary medicine and who is accredited under 9 CFR ch. I subch. J.

SB307,57,22 (36) "Wild amphibian" means a wild animal that is an amphibian.

SB307,57,24 (37) "Wild animal" means any animal of a wild nature that is normally found in the wild and that is not a domestic animal.

SB307,57,25 (38) "Wild bird" means a wild animal that is a bird.

SB307,58,1 (39) "Wild reptile" means a wild animal that is a reptile.

SB307,58,9 169.02 Title to wild animals. (1) Title vested in owner. Except as provided in sub. (3), legal title to a live captive wild animal or the carcass of a captive wild animal is vested in the person who owns the wild animal if the person is in compliance with this chapter and the rules promulgated under this chapter. A person holding legal title may transfer without consideration the live captive wild animal or the carcass of the captive wild animal to a person who is in compliance with this chapter and the rules promulgated under this chapter. A person holding legal title to a live captive wild animal may kill it, or have it killed, in a humane manner.

SB307,58,13 (2) Title with state. The department may assume on behalf of the state, or may sell or otherwise transfer to another person, legal title to any live captive wild animal, or the carcass of any captive wild animal, that is possessed by any person in violation of this chapter or the rules promulgated under this chapter.

SB307,58,19 (3) Exceptions. Legal title to a live captive wild animal or the carcass of a captive wild animal that is possessed as authorized under a rehabilitation license or a scientific research license remains with the state. A person holding a rehabilitation license or a scientific research license may transfer or dispose of a live captive wild animal or the carcass of a captive wild animal only as specifically authorized by the department.

SB307,58,23 169.03 Interagency cooperation. The department of natural resources and the department of agriculture, trade and consumer protection shall cooperate with each other with respect to any wild animal that is subject to regulation under this chapter and under ch. 93 or 95.

SB307,59,3 169.04 Possession of live wild animals. (1) Restrictions on possession. (a) No person may possess any live wild animal unless the wild animal is legally obtained.

SB307,59,7 (b) No person may possess any live wild animal unless the person holds a license or other approval to possess the wild animal as required under this chapter or under s. 29.319 and the person is otherwise in compliance with this chapter and the rules promulgated under this chapter.

SB307,59,11 (2) Temporary possession. (a) A person possessing a live native wild animal for a period not to exceed 24 hours is exempt from having a license or other approval as required under sub. (1) (b) if the person is possessing the wild animal for any of the following purposes:

SB307,59,13 1. To restrain or transport the wild animal for medical treatment by a veterinarian or by a person holding a rehabilitation license.

SB307,59,15 2. To remove or transport the wild animal from one location to a more appropriate location.

SB307,59,17 3. To restrain or transport the wild animal for game censuses or surveys, or other purposes authorized by the department.

SB307,59,23 (b) If a person possessing a live native wild animal under par. (a) determines that it is necessary to possess the wild animal for a period exceeding 24 hours after the time the wild animal was first possessed, the person shall request that the department approve an extension of the time period for the temporary possession. The department may either deny the requested extension or approve it for a specific period of time.

SB307,60,5 (d) If a live wild animal has been exposed to or infected with any contagious or infectious disease, as defined under rules promulgated by the department of agriculture, trade and consumer protection under s. 95.001 (2), during the time the wild animal is being temporarily possessed, the person possessing the wild animal shall ensure that a veterinarian files with the department of agriculture, trade and consumer protection a copy of a valid certificate of veterinary inspection that certifies that the wild animal is free of any such diseases before releasing it into the wild.

SB307,60,9 (3) Wild animals under another jurisdiction. A live wild animal possessed by a nonresident under the legal authority of another state, province, or country may be possessed in this state by the nonresident for not more than 60 days from the date the wild animal enters the state if all of the following apply:

SB307,60,12 (a) The nonresident ensures that a veterinarian files a copy of a valid certificate of veterinary inspection for the wild animal with the department of agriculture, trade and consumer protection.

SB307,60,14 (b) The nonresident holds every license or other approval that is required by the other state, province, or country.

SB307,60,18 (4) Exemption for certain wild animals. (a) A person is exempt from holding a license or other approval as required under this chapter to possess live native wild animals if the wild animals are not endangered or threatened species and are any of the following:

SB307,60,19 1. Arthropods.

SB307,60,20 2. Chipmunks.

SB307,60,21 3. Pocket gophers.

SB307,60,22 4. Mice.

SB307,60,23 5. Moles.

SB307,60,24 6. Mollusks.

SB307,60,25 7. Opossums.

SB307,61,1 8. Pigeons.

SB307,61,2 9. Porcupines.

SB307,61,3 10. Rats.

SB307,61,4 11. Shrews.

SB307,61,5 12. English sparrows.

SB307,61,6 13. Starlings.

SB307,61,7 14. Ground squirrels.

SB307,61,8 15. Red squirrels.

SB307,61,9 16. Voles.

SB307,61,10 17. Weasels.

SB307,61,13 (b) A person is exempt from holding a license or other approval as required under this chapter to possess live nonnative wild animals that are not endangered or threatened species, except for any of the following:

SB307,61,17 1. Pheasants of the species Phasianus colchicus or Syrmaticus reevesii, chukar partridge, gray partridge, or red-legged partridge that are possessed for use under a bird hunting preserve license, a dog training license, a hound training license, a dog club training license, a dog trial license, or a hound trial license.

SB307,61,18 2. Nonnative wild birds of the family anatidae that are migratory birds.

SB307,61,19 3. Nonnative wild animals that are harmful wild animals.

SB307,61,22 (5) Exemption for certain persons and institutions. (a) Each of the following is exempt from holding a license or other approval as required under this chapter to possess any wild animal:

SB307,61,24 1. A veterinarian, for the purpose of providing medical treatment to wild animals.

SB307,61,25 2. A public zoo or aquarium.

SB307,62,1 3. A circus or the Circus World Museum located in Baraboo, Wisconsin.

SB307,62,2 4. The department.

SB307,62,4 5. A person who is licensed under s. 95.68 or 95.71 and who is possessing the wild animal under the authority of the license.

SB307,62,6 6. A person who is licensed under s. 95.69 and who possesses wild animals for 10 days or less and solely for the purpose of resale or slaughter.

SB307,62,8 (b) For purposes of par. (a) 1., "medical treatment" does not include rehabilitation.

SB307,62,10 (6) Inapplicability to certain wild animals. (a) This section does not authorize the possession of harmful wild animals.

SB307,62,12 (b) The possession of native wild reptiles and native wild amphibians is subject to s. 169.12 and not to this section.

SB307,62,16 169.05 Taking of wild animals. (1) Requirement. No person may take any wild animal from the wild except as authorized under a bird hunting preserve license, a wild fur farm license, a rehabilitation license, or a scientific research license or under s. 29.319.

SB307,62,19 (2) Exemption for certain wild animals. A person is exempt from the requirement under sub. (1) if the wild animal that the person takes from the wild is a native wild animal that is exempt under s. 169.04 (4) (a).

SB307,62,21 (3) Exemption for certain persons and institutions. (a) Each of the following is exempt from the requirement under sub. (1):

SB307,62,23 1. A veterinarian, for the purpose of providing medical treatment to wild animals.

SB307,62,24 2. The department.

SB307,63,2 (b) For purposes of par. (a) 1., "medical treatment" does not include rehabilitation.

SB307,63,4 (4) Inapplicability to certain wild animals. (a) This section does not authorize the taking of harmful wild animals.

SB307,63,6 (b) The taking of native wild reptiles and native wild amphibians is subject to s. 169.12 and not to this section.

SB307,63,13 169.06 Introduction, stocking, and release of wild animals. (1) Requirement; persons other than the department. (a) No person may introduce, stock, or release into the wild, or import into this state to introduce, stock, or release into the wild, any wild animal except as authorized under a bird hunting preserve license, a bird dog training license, a hound dog training license, a dog club training license, a bird dog trial license, a hound dog trial license, a stocking license, a rehabilitation license, or a scientific research license or under s. 29.319.

SB307,63,17 (b) No person may introduce, stock, or release into the wild, or import into this state for introducing, stocking, or releasing into the wild, any wild animal unless the department has given its authorization under par. (c) and the person has complied with the requirements under par. (d).

SB307,63,21 (c) The department may authorize the introducing, stocking, releasing into the wild, or importing of a species of wild animal only if the department has determined that the wild animal will not be detrimental in any manner to the conservation of the natural resources of this state.

SB307,63,23 (d) Introducing, stocking, or releasing a wild animal under this section is subject to all of the following requirements:

SB307,64,5 1. If a wild animal has been exposed to or infected with any contagious or infectious disease, as defined under rules promulgated by the department of agriculture, trade and consumer protection under s. 95.001 (2), the person introducing, stocking, or releasing the wild animal shall ensure that a veterinarian files a copy of a valid certificate of veterinary inspection with the department of agriculture, trade and consumer protection certifying that the wild animal is free of any such diseases before the introducing, stocking, or release.

SB307,64,9 2. A person introducing, stocking, or releasing wild birds under the authority of a stocking license, a bird hunting preserve license, a bird dog training license, or a bird dog trial license may only introduce, stock, or release wild birds that meet all of the following requirements:

SB307,64,12 a. The wild birds originate from a flock of a person participating in the national poultry improvement plan under 9 CFR part 145 and any other captive wild birds with which they have had contact originate from such a flock.

SB307,64,14 b. Within 30 days before the introducing, stocking, or release, the wild birds meet the requirements of any rules promulgated by the department under sub. (3m).

SB307,64,19 (2) Reports. At the request of a municipality in an area in which wild animals are introduced, stocked, or released under sub. (1), the department shall require a person who introduced, stocked, or released those wild animals to report to the municipality the number and species of wild animals introduced, stocked, or released and the location at which the animals were introduced, stocked, or released.

SB307,64,23 (3) By the department. The department may import into this state to introduce, stock, or release into the wild, may introduce, stock, or release into the wild, or may authorize introducing, stocking, or releasing into the wild, a wild animal without holding a license as required under sub. (1) (a).

SB307,64,25 (3m) Introduction requirements. (a) The department may promulgate rules to establish the following:

SB307,65,2 1. Additional requirements that wild animals shall meet before they enter this state.

SB307,65,4 2. Additional requirements that any animals shall meet before they may be introduced, stocked, or released into the wild.

SB307,65,6 (b) The requirements under par. (a) may include mandatory testing of the animals for disease.