SB307: Bill Text

This bill authorizes a conservation warden to take custody of a captive wild animal, on behalf of DNR, for various reasons. These reasons include the following:

1. The wild animal is a stray or is abandoned or unwanted.

2. The wild animal is possessed, stocked, exhibited, propagated, rehabilitated, hunted, sold, or purchased in violation of state laws or local ordinances regulating captive wildlife.

3. The wild animal is not confined as required by quarantine order or has been exposed to certain diseases.

4. The wild animal has caused damage to persons or property.

5. The wild animal is being housed or held in an inhumane manner.

The procedures under current fish and game law for the seizure and disposal of wild animals found in the wild apply to the taking into custody of captive wild animals.

Local regulation

Under the bill, a municipality or county may enact and enforce ordinances prohibiting the possession or sale of live wild animals.

Enforcement and penalties

The bill gives DNR the specific authority to enter and inspect land, vehicles, and buildings for the purpose of enforcement of the laws regulating captive wild animals and to have access to the records that must be kept by persons keeping these animals. With the exception of inspections of deer farm fences, the bill limits this authority to normal business hours and other hours when the person keeping these animals is conducting business, unless the inspection is necessary for public health, safety, or welfare. Current law authorizes DNR inspections of the area subject to the license at any time.

The bill imposes a general forfeiture for unlawfully possessing a wild animal and imposes increased penalties for specific activities such as illegally selling or purchasing wild animals, illegally taking live bear or deer from the wild, and violating the provisions relating to harmful wild animals. The bill imposes increased penalties for repeat violations and contains provisions for the revocation of licenses by DNR and by the courts.

Miscellaneous provisions

Current law prohibits the taking, removal, sale or transporting from the the public waters of this state to any place outside this state any plant that is commonly known to furnish food for game birds. This bill deletes the provision stating that the plant must leave this state for the prohibition to apply.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB307, s. 1 Section 1. 20.115 (2) (ha) of the statutes is amended to read:

SB307,9,5 20.115 (2) (ha) Inspection, testing and enforcement. All moneys received under ss. 93.06 (1f) and (1g), 95.55, 95.57, 95.60 (5), 95.68, 95.69, 95.71 and 95.715, to be used for animal health inspection and testing and for enforcement of animal health laws.

SB307, s. 2 Section 2. 20.370 (1) (mu) of the statutes is amended to read:

SB307,9,11 20.370 (1) (mu) General program operations — state funds. The amounts in the schedule for general program operations that do not relate to the management and protection of the state's fishery resources under ss. 23.09 to 23.11, 27.01, 30.203 and, 30.277, and 90.21, subch. VI of ch. 77 and chs. 26, 28 and, 29, and 169 and for transfers to the appropriation account under s. 20.285 (1) (kf).

SB307, s. 3 Section 3. 20.370 (3) (mu) of the statutes is amended to read:

SB307,9,16 20.370 (3) (mu) General program operations — state funds. The amounts in the schedule for law enforcement operations under ss. 23.09 to 23.11 , 90.21, and 166.04 and chs. 29 and, 30, and 169 and for review of environmental impact requirements under ss. 1.11 and 23.40.

SB307, s. 4 Section 4. 23.09 (2) (f) of the statutes is amended to read:

SB307,9,20 23.09 (2) (f) Propagation, game and of fish. Subject to s. 95.60, capture, propagate, transport, sell or exchange any species of game or fish needed for stocking or restocking any lands or waters of the state.

SB307, s. 5 Section 5. 23.50 (1) of the statutes is amended to read:

SB307,10,14 23.50 (1) The procedure in ss. 23.50 to 23.85 applies to all actions in circuit court to recover forfeitures, penalty assessments, jail assessments, applicable weapons assessments, applicable environmental assessments, applicable wild animal protection assessments, applicable natural resources assessments, applicable fishing shelter removal assessments, applicable snowmobile registration restitution payments and applicable natural resources restitution payments for violations of ss. 77.09, 90.21, 134.60, 167.10 (3), 167.31 (2), 281.48 (2) to (5), 283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07, 287.08, 287.81 and 299.64 (2), subch. VI of ch. 77, this chapter and chs. 26 to 31, ch. 169, and of ch. 350, and any administrative rules promulgated thereunder, violations specified under s. 285.86, violations of ch. 951 if the animal involved is a captive wild animal, violations of rules of the Kickapoo reserve management board under s. 41.41 (7) (k) or violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77.

SB307, s. 6 Section 6. 23.50 (3) of the statutes is amended to read:

SB307,10,23 23.50 (3) All actions in municipal court to recover forfeitures, penalty assessments and jail assessments for violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77 shall utilize the procedure in ch. 800. The actions shall be brought before the municipal court having jurisdiction. Provisions relating to citations, arrests, questioning, releases, searches, deposits and stipulations of no contest in ss. 23.51 (1) (1m), (3) and (8), 23.53, 23.54, 23.56 to 23.64, 23.66 and 23.67 shall apply to violations of such ordinances.

SB307, s. 7 Section 7. 23.51 (1) of the statutes is renumbered 23.51 (1m).

SB307, s. 8 Section 8. 23.51 (1d) of the statutes is created to read:

SB307,11,1 23.51 (1d) "Captive" has the meaning given in s. 169.01 (2).

SB307, s. 9 Section 9. 23.51 (5) of the statutes is amended to read:

SB307,11,4 23.51 (5) "Natural resources restitution payment" means the payment imposed under s. 29.989 or 169.46 (2).

SB307, s. 10 Section 10. 23.51 (9m) of the statutes is created to read:

SB307,11,6 23.51 (9m) "Wild animal" has the meaning given in s. 169.01 (37).

SB307, s. 11 Section 11. 23.65 (1) of the statutes is amended to read:

SB307,11,13 23.65 (1) When it appears to the district attorney that a violation of s. 90.21, 134.60, 281.48 (2) to (5), 283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07, 287.08, 287.81 or 299.64 (2), this chapter or ch. 26, 27, 28, 29, 30, 31, 169, or 350, or any administrative rule promulgated pursuant thereto, or a violation specified under s. 285.86, or a violation of ch. 951, if the animal involved is a captive wild animal, has been committed the district attorney may proceed by complaint and summons.

SB307, s. 12 Section 12. 23.795 (3) of the statutes is created to read:

SB307,11,17 23.795 (3) In lieu of an order of imprisonment under sub. (1) (a) for a violation of ch. 169, the court may revoke or suspend any privilege or license granted under ch. 169 as provided in s. 169.45 (6).

SB307, s. 13 Section 13. 23.795 (4) of the statutes is created to read:

SB307,11,21 23.795 (4) In lieu of an order of imprisonment under sub. (1) (a) for a violation of s. 90.21, the court may suspend any fence inspection certificate issued under s. 90.21, as provided in s. 90.21 (8) (b).

SB307, s. 14 Section 14. 25.29 (1) (a) of the statutes is amended to read:

SB307,12,2 25.29 (1) (a) Except as provided in ss. 25.293 and 25.295, all moneys accruing to the state for or in behalf of the department under chs. 26, 27, 28, 29, 169, and 350, subchs. I and VI of ch. 77 and ss. 23.09 to 23.31, 23.325 to 23.42, 23.50 to 23.99, 30.50 to 30.55, 70.58, 71.10 (5) and, 71.30 (10), and 90.21, including grants received from the federal government or any of its agencies except as otherwise provided by law.

SB307, s. 15 Section 15. 25.29 (4m) of the statutes is amended to read:

SB307,12,8 25.29 (4m) Notwithstanding sub. (3), no moneys that accrue to the state for or in behalf of the department under ch. 29 or 169 or s. 90.21 may be expended or paid for the enforcement of the treaty-based, off-reservation rights to fish held by members of federally recognized American Indian tribes or bands domiciled in Wisconsin.

SB307, s. 16 Section 16. 29.001 (24) of the statutes is amended to read:

SB307,12,10 29.001 (24) "Farm-raised deer" has the meaning given in s. 95.001 (1) (a) (ag).

SB307, s. 17 Section 17. 29.001 (25m) of the statutes is created to read:

SB307,12,13 29.001 (25m) "Farm-raised game bird" has the meaning given in s. 169.01 (12m).

SB307, s. 18 Section 18. 29.001 (26) of the statutes is amended to read:

SB307,12,17 29.001 (26) "Fish farm" has the meaning given in s. 95.60 (1) (a) 95.001 (1) (aj), except that "fish farm" does not include a state or municipal fish hatchery or a private fishing preserve.

SB307, s. 19 Section 19. 29.001 (39) of the statutes is amended to read:

SB307,12,23 29.001 (39) "Game birds" means birds that are in the wild and includes wild geese, brant, wild ducks, wild swan, rails, coots, gallinules, snipe, woodcock, plovers, sandpipers, ruffed grouse, prairie chicken, sharp-tailed grouse, pheasants, Hungarian gray partridge, Chukar chukar partridge, bobwhite, quail, crows and wild turkey.

SB307, s. 20 Section 20. 29.001 (60) of the statutes is amended to read:

SB307,13,3 29.001 (60) "Nongame species" means any species of wild animal that is living in the wild and that is not classified as a game fish, game animal, game bird or fur-bearing animal.

SB307, s. 21 Section 21. 29.011 (3) of the statutes is created to read:

SB307,13,6 29.011 (3) This section does not apply to farm-raised deer, farm-raised game birds, farm-raised fish, or wild animals that are subject to regulation under ch. 169.

SB307, s. 22 Section 22. 29.024 (1) of the statutes is amended to read:

SB307,13,15 29.024 (1) Approvals required. Except as specifically provided in this chapter, ch. 169, or s. 95.55 (5), no person may hunt or trap in this state, fish in the waters of this state or engage in any of the activities regulated under this chapter unless the appropriate approval is issued to the person. A person shall carry the required approval with him or her at all times while hunting, trapping or fishing or engaged in regulated activities unless otherwise required by this chapter or unless otherwise authorized or required by the department. A person shall exhibit the approval to the department or its wardens on demand.

SB307, s. 23 Section 23. 29.024 (2g) (a) 2. of the statutes is amended to read:

SB307,13,18 29.024 (2g) (a) 2. Any permit issued under s. 29.537, 29.733, 29.735, or 29.736 or 29.871.

SB307, s. 24 Section 24. 29.024 (2r) (a) 17. of the statutes is repealed.

SB307, s. 25 Section 25. 29.024 (2r) (a) 18. of the statutes is repealed.

SB307, s. 26 Section 26. 29.024 (2r) (a) 19. of the statutes is repealed.

SB307, s. 27 Section 27. 29.024 (2r) (a) 20. of the statutes is repealed.

SB307, s. 28 Section 28. 29.024 (2r) (a) 21. of the statutes is repealed.

SB307, s. 29 Section 29. 29.024 (2r) (am) of the statutes is amended to read:

SB307,14,9 29.024 (2r) (am) Social security and identification numbers exceptions. If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for, or applying to renew, any of the approvals specified in par. (a) 1. to 21. 16., shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. An approval issued by the department of natural resources in reliance on a false statement submitted by an applicant under this paragraph is invalid.

SB307, s. 30 Section 30. 29.042 (1) of the statutes is amended to read:

SB307,14,16 29.042 (1) Beginning on January 1, 1998, the department may not enter into any agreement to make payments to persons holding approvals issued under s. 29.501, 29.503, 29.506, 29.509, 29.512, 29.514, 29.519, 29.523, 29.526, 29.529, 29.531, 29.533, 29.537, 29.607, 29.611, or 29.614 , 29.865, 29.867, 29.869, 29.871 or 29.877 in exchange for the retirement of the approval or for the temporary or permanent cessation of any activity authorized under the approval.

SB307, s. 31 Section 31. 29.047 (2) (b) of the statutes is amended to read:

SB307,14,20 29.047 (2) (b) The possession, transportation, delivery or receipt of farm-raised deer or, farm-raised game birds, farm-raised fish, or wild animals that are subject to regulation under ch. 169.

SB307, s. 32 Section 32. 29.055 of the statutes is amended to read:

SB307,15,6 29.055 Wild animals; possession in closed season or in excess of bag limit. Except as expressly provided in this chapter, no person may have in the person's possession or under the person's control, or have in storage, any wild animal or carcass that was taken during the closed season for that wild animal or that is in excess of the bag or possession limit or contrary to the size limits for that wild animal. The open and closed seasons and the bag, possession and size limits of the state, province or country in which a wild animal was taken shall apply to the wild animal or the carcass if it was lawfully killed outside of this state. 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.

SB307, s. 33 Section 33. 29.057 of the statutes is amended to read:

SB307,15,12 29.057 Wild animals; possession in open season. It is unlawful to possess or control at any time a protected wild animal or the carcass of any protected wild animal showing that it was taken during the closed season for the protected wild animal. 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.

SB307, s. 34 Section 34. 29.071 of the statutes is amended to read:

SB307,15,17 29.071 Wildlife on Indian reservations protected. No person may remove or take from any Indian reservation the carcass of any protected wild animal during the closed season for the wild animal without a permit from except as authorized by the department under this chapter or ch. 169.

SB307, s. 35 Section 35. 29.191 (2) (a) 3. of the statutes is amended to read:

SB307,15,20 29.191 (2) (a) 3. Any person hunting pheasant under s. 29.195 or on premises licensed under s. 29.865 is exempt from the requirements under subd. 1.

SB307, s. 36 Section 36. 29.319 (1) (intro.) of the statutes is amended to read:

SB307,15,24 29.319 (1) (intro.) In regulating The department may regulate falconry and the taking of raptors for use in falconry,. In so doing, the department may do any of the following:

SB307, s. 37 Section 37. 29.321 of the statutes is repealed.

SB307, s. 38 Section 38. 29.334 (title) of the statutes is amended to read:

SB307,16,2 29.334 (title) Hunting and trapping; treatment of wild animals.

SB307, s. 39 Section 39. 29.334 of the statutes is renumbered 29.334 (1) and amended to read:

SB307,16,8 29.334 (1) A person who hunts or traps any game animal or fur-bearing animal shall kill the animal when it is taken and make it part of the daily bag or shall release the game animal or fur-bearing animal unless authorized under s. 29.857, 29.863, 29.867, 29.869, 29.871 or 29.877.

SB307, s. 40 Section 40. 29.334 (3) of the statutes is created to read: