Wisconsin Legislature: 79,16

1995 WISCONSIN ACT 79

An Act to repeal 29.092 (9) (hg), 29.092 (9) (hr), 29.093 (9) (gm), 29.093 (9) (gr), 29.58, 29.581, 95.25 (5m) and 97.42 (1) (cm); to renumber 95.001 (1) (a); to renumber and amend 93.07 (10); to amend 20.115 (2) (ha), 29.02 (3m), 29.03 (8), 29.05 (5), 29.05 (6), 29.05 (6m), 29.05 (8) (b), 29.06 (1), 29.06 (2), 29.06 (3), 29.40 (6), 29.42 (4), 29.425 (4m), 29.427 (6), 29.43 (5) (b), 29.44 (3), 29.45 (6), 29.48 (1m), 29.49 (1) (a) (intro.), 29.574 (1m), 29.578 (1m), 29.583 (1), 29.583 (2), 29.585 (2) (a), 29.59 (1) (f), 29.598 (1), 29.645, 29.99 (15), 95.25 (1) and (2), 95.30, 95.31 (3), 95.33, 95.40 (title) and (1), 95.41 (2), 95.42, 95.68 (1) (d), 95.80 (1) (b), 97.42 (1) (a), 97.42 (3) (em), 97.42 (4) (em), 97.42 (5) (b), 97.44 (3), 174.001 (3), 895.57 (3) and 943.75 (3); and to create 29.01 (2r), 29.49 (3), 29.55 (2m), 29.586 (4), 90.20, 93.07 (10) (a), 95.001 (1) (a), 95.25 (2m), 95.25 (4m), 95.55 and 97.42 (1) (dm) of the statutes; relating to: the exemption of certain farm-raised deer and venison from regulation by the department of natural resources, fencing of farm-raised deer, liability for damages caused by dogs, licensing of establishments that slaughter certain deer, the duties and authority of the department of agriculture, trade and consumer protection concerning domestic animals, animal health and farm-raised deer, granting rule-making authority and making an appropriation.

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

79,1 Section 1 . 20.115 (2) (ha) of the statutes is amended to read:

20.115 (2) (ha) Inspection, testing and enforcement. All moneys received under ss. 93.06 (1f) and (1g), 95.55, 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.

79,2 Section 2 . 29.01 (2r) of the statutes is created to read:

29.01 (2r) “Farm-raised deer" has the meaning given in s. 95.001 (1) (a).

79,3 Section 3 . 29.02 (3m) of the statutes is amended to read:

29.02 (3m) This section does not permit the seizure by the department, or prohibit the possession or sale, of commercially raised farm-raised deer, as defined in s. 95.25 (5m), that are kept in compliance with this chapter.

79,4 Section 4 . 29.03 (8) of the statutes is amended to read:

29.03 (8) Any dog found running deer, except farm-raised deer, at any time, or used in violation of this chapter.

79,5 Section 5 . 29.05 (5) of the statutes is amended to read:

29.05 (5) Opening packages. The department and its wardens may examine and open any package in the possession of a common carrier which they have probable cause to believe contains contraband wild animals in violation of this chapter, or carcasses or parts thereof, or is falsely labeled in violation of this chapter; and every such common carrier, and every agent, servant, or employe thereof, shall permit any such officer to examine and open any such package. Any package so opened shall be restored to its original condition.

79,6 Section 6 . 29.05 (6) of the statutes is amended to read:

29.05 (6) Access to storage places. They For purposes of enforcing this chapter, the department and its wardens shall be permitted by the owner or occupant of any cold storage warehouse or building used for the storage or retention of wild animals, or carcasses or parts thereof, to enter and examine said premises subject to ss. 66.122 and 66.123; and the owner or occupant, or the agent, servant, or employe of the owner, shall deliver to any such officer any wild animal, or carcass or part thereof, in his or her possession during the closed season therefor, whether taken within or without the state.

79,7 Section 7 . 29.05 (6m) of the statutes is amended to read:

29.05 (6m) Access to private land. Agents of For purposes of this chapter, the department may, after making reasonable efforts to notify the owner or occupant, enter upon private lands to retrieve, diagnose or otherwise determine if there are dead or diseased wild animals upon those lands, and take actions reasonably necessary to prevent the spread of contagious disease in the wild animals.

79,8 Section 8 . 29.05 (8) (b) of the statutes is amended to read:

29.05 (8) (b) Any perishable property seized by the department or its wardens may be sold at the highest available price, and the proceeds of the sale turned into court to await disposition of the proceeds as the court directs. A conservation warden or other officers charged with the enforcement of the laws dealing with the conservation of the natural resources of the state may kill a dog found running, injuring, causing injury to, or killing any deer, other than farm-raised deer, or destroying game birds, their eggs or nests, if immediate action is necessary to protect the deer or game birds, their nests or eggs, from injury or death.

79,9 Section 9 . 29.06 (1) of the statutes is amended to read:

29.06 (1) All confiscated wild animals, or carcasses or parts thereof, that are confiscated by the department and all confiscated apparatus, appliances, equipment, vehicles or devices shall, if not destroyed as authorized by law, be sold at the highest price obtainable, by the department or its wardens, or by an agent on commission under the written authority and supervision of the department. The net proceeds of such the sales, after deducting the expense of seizure and sale and any such commissions, shall be promptly remitted by the warden by whom or under whose authority and supervision the sales are made, to the department; the remittance to be accompanied by a complete and certified report of such the sales, supported by proper vouchers covering all deductions made for expenses and commissions, to be filed with the department. Of the remittance from such the sales of confiscated apparatus, appliances, equipment, vehicles or devices, 18% shall be paid into the conservation fund to reimburse it for expenses incurred in seizure and sale, and the remaining 82% shall be paid into the common school fund. In the case of the proceeds from the sale of a confiscated motor vehicle if the holder of a security interest perfected by filing with such the motor vehicle as security, satisfies (and the burden of proof shall be upon the holder of a security interest) proves to the court, or after judgment of confiscation, to the department, that the violation that led to such the confiscation was not with his or her knowledge, consent or connivance or with that of some person employed or trusted by the holder of a security interest, there shall also be deducted the amount due under the security agreement from the proceeds of such the sale and the amount due shall be paid to the one entitled; in case a sufficient amount does not remain for such purpose after the other deductions then the amount remaining shall be paid. The department shall make a reasonable effort within 10 days after seizure to ascertain if a security interest in the seized motor vehicle exists, and shall within 10 days after obtaining actual or constructive notice of such any security interest give the secured party notice of the time and place when there is to be any proceeding before the court or the judge pertaining to such the confiscation and shall also give such the secured party at least 10 days' notice of the time and place of sale. Constructive notice shall be limited to security interests perfected by filing. In all such cases the time of sale of the confiscated motor vehicle shall be within 20 days after judgment of confiscation provided in s. 29.05 (8). The provisions of s. 973.075 (1) (b) 1. to 3. and (5) apply to vehicles other than motor vehicles under this subsection. This subsection shall not apply to a deer killed, or so injured that it must be killed, by a collision with a motor vehicle on a highway. Such deer carcass shall be released free of charge to the motor vehicle operator under s. 29.40 (5) by the department or its agent, but shall be retained by the department or its agent if the motor vehicle operator declines to accept the carcass. For purposes of this subsection, “deer" does not include farm-raised deer.

79,10 Section 10 . 29.06 (2) of the statutes is amended to read:

29.06 (2) On any such sales under this section of wild animals, or carcasses or parts thereof, the warden or agent selling them shall issue to each purchaser a certificate, on forms to be prepared and furnished by the department, covering such sales. The wild animals, or carcasses or parts thereof, so purchased shall be consumed or otherwise disposed of by the purchaser within a period to be set by the department, but shall not be resold, bartered, or exchanged, in whole or in part, to any other person, except as provided in sub. (3).

79,11 Section 11 . 29.06 (3) of the statutes is amended to read:

29.06 (3) Confiscated fish or game sold under this section to the keeper, manager, or steward of any restaurant, club, hotel, or boarding house may be served to the guests thereof; but in such case the certificate covering the purchase shall be hung in public view in the place where the fish or game is served, and such fish or game shall at the time of sale be tagged by the warden or agent selling it, such tag to show the date of sale and be returned to said warden or agent within 5 days thereafter.

79,12 Section 12 . 29.092 (9) (hg) of the statutes is repealed.

79,13 Section 13 . 29.092 (9) (hr) of the statutes is repealed.

79,14 Section 14 . 29.093 (9) (gm) of the statutes is repealed.

79,15 Section 15 . 29.093 (9) (gr) of the statutes is repealed.

79,16 Section 16 . 29.40 (6) of the statutes is amended to read:

29.40 (6) (title) Commercially raised Farm-raised deer. This section does not apply to commercially raised farm-raised deer, as defined in s. 95.25 (5m).

79,17 Section 17 . 29.42 (4) of the statutes is amended to read:

29.42 (4) (title) Commercially raised Farm-raised deer. This section does not permit the seizure by the department, or prohibit the possession or sale, of commercially raised farm-raised deer, as defined in s. 95.25 (5m), that are kept in compliance with this chapter.

79,18 Section 18 . 29.425 (4m) of the statutes is amended to read:

29.425 (4m) Applicability. This section does not apply to commercially raised farm-raised deer, as defined in s. 95.25 (5m).

79,19 Section 19 . 29.427 (6) of the statutes is amended to read:

29.427 (6) Destruction. A person may kill at any time a wild skunk which is a nuisance to activities authorized under s. 29.55, 29.572, 29.574, 29.575, 29.578, 29.58 or 29.585. A person who kills an adult wild skunk with young shall attempt to kill the young skunks.

79,20 Section 20 . 29.43 (5) (b) of the statutes is amended to read:

29.43 (5) (b) Subsections (1) to (4) do not apply to the possession, transportation, delivery or receipt of commercially raised farm-raised deer, as defined in s. 95.25 (5m).

79,21 Section 21 . 29.44 (3) of the statutes is amended to read:

29.44 (3) Subsection (1) does not apply to the possession, transportation, delivery or receipt of commercially raised farm-raised deer, as defined in s. 95.25 (5m).

79,22 Section 22 . 29.45 (6) of the statutes is amended to read:

29.45 (6) This section does not apply to the transportation of commercially raised farm-raised deer, as defined in s. 95.25 (5m).

79,23 Section 23 . 29.48 (1m) of the statutes is amended to read:

29.48 (1m) Subsection (1) does not apply to commercially raised farm-raised deer, as defined in s. 95.25 (5m).

79,24 Section 24 . 29.49 (1) (a) (intro.) of the statutes is amended to read:

29.49 (1) (a) (intro.) Except as provided in ss. s. 29.52 and 29.581, no innkeeper, manager or steward of any restaurant, club, hotel, boarding house, tavern, logging camp or mining camp may sell, barter, serve or give, or cause to be sold, bartered, served or given to the guests or boarders thereof:

79,25 Section 25 . 29.49 (3) of the statutes is created to read:

29.49 (3) Exemption. This section does not apply to the meat from farm-raised deer.

79,26 Section 26 . 29.55 (2m) of the statutes is created to read:

29.55 (2m) Subsections (1) and (2) do not apply to farm-raised deer.

79,27 Section 27 . 29.574 (1m) of the statutes is amended to read:

29.574 (1m) This section does not apply to commercially raised farm-raised deer, as defined in s. 95.25 (5m).

79,28 Section 28 . 29.578 (1m) of the statutes is amended to read:

29.578 (1m) This section does not apply to commercially raised deer, as defined in s. 95.25 (5m), or to commercial deer farms licensed under s. 29.58 of the genus dama, cervus or rangifer.

79,29 Section 29 . 29.58 of the statutes is repealed.

79,30 Section 30 . 29.581 of the statutes is repealed.

79,31g Section 31g. 29.583 (1) of the statutes is amended to read:

29.583 (1) The department may seize and dispose of or may authorize the disposal of any deer that has escaped from land licensed under s. 29.574, or 29.578 or 29.58 or owned by a person registered under s. 95.55 if the escaped deer has traveled more than 3 miles from the land or if the licensee or person has not had the deer returned to the land within 72 hours of the discovery of the escape.

79,31r Section 31r. 29.583 (2) of the statutes is amended to read:

29.583 (2) Notwithstanding the 72-hour waiting period in sub. (1), the department of natural resources may dispose of the deer immediately if the department of agriculture, trade and consumer protection determines that the deer poses a risk to public safety or to the health of other domestic or wild animals.

79,33 Section 33. 29.585 (2) (a) of the statutes is amended to read:

29.585 (2) (a) The term In this section, “wild animal" as used in this section means any mammal, fish or bird of a wild nature as distinguished from domestic animals under the common law or under the Wisconsin statutes whether or not the mammal, fish or bird was bred or reared in captivity, but does not include deer of the genus dama, cervus or rangifer.

79,34 Section 34 . 29.586 (4) of the statutes is created to read:

29.586 (4) This section does not apply to farm-raised deer.

79,35 Section 35 . 29.59 (1) (f) of the statutes is amended to read:

29.59 (1) (f) Notwithstanding s. 29.01 (14), “wild animal" means any undomesticated mammal or bird, but does not include farm-raised deer.

79,36 Section 36 . 29.598 (1) of the statutes is amended to read:

29.598 (1) Definition. As used in In this section, “wildlife damage" means damage caused by wild deer that live in the wild, bear or geese to commercial seedings or crops on agricultural land, to orchard trees or nursery stock or to apiaries or livestock.

79,37 Section 37 . 29.645 of the statutes is amended to read:

29.645 Larceny of game. A person who, without permission of the owner, molests, disturbs or appropriates any wild animal or its carcass that has been lawfully reduced to possession by another shall forfeit not less than $1,000 nor more than $2,000. This section does not apply to farm-raised deer.

79,38 Section 38 . 29.99 (15) of the statutes is amended to read:

29.99 (15) In any prosecution under this section it is not necessary for the state to allege or prove that the animals were not commercially raised farm-raised deer or domesticated animals; that they were not taken for scientific purposes, or that they were taken or in possession or under control without a required approval. The person claiming that these animals were commercially raised farm-raised deer or domesticated animals, that they were taken for scientific purposes or that they were taken or in possession or under control under the required approval, has the burden of proving these facts. In this subsection, “commercially raised deer" has the meaning given in s. 95.25 (5m).

79,39b Section 39b. 90.20 of the statutes is created to read:

90.20 Fencing of farm-raised deer. (1) Definitions. In this section:

(a) “Farm-raised deer" has the meaning given in s. 95.001 (1) (a).

(b) “Heavily galvanized" means having a zinc coating weighing 230 grams per square meter or 0.8 ounces per square foot.

(d) “Medium tensile" means having a tensile strength of 101,000 to 123,000 pounds per square inch.

(2) Specifications. Any person who keeps farm-raised deer shall keep the farm-raised deer enclosed by a fence that meets all of the following requirements:

(a) Except for animals of the genus rangifer, the fence is at least 7 feet 10 inches high and is a woven wire fence that satisfies sub. (3), is a high tensile fence that satisfies sub. (4) or, if made of other materials, is of a design and level of strength that provides equivalent retentive capacity. The top 6 inches of the fence may consist of a single strand of smooth high tensile wire.

(b) For animals of the genus rangifer, the fence is at least 5 feet high and is a woven wire fence that satisfies sub. (3), is a high tensile fence that satisfies sub. (4) or, if made of other materials, is of a design and level of strength that provides equivalent retentive capacity.

1. The posts are at least 12 feet long.

2. The tops of the line posts are, if rectangular, at least 3.5 inches in the smallest dimension or, if round, at least 3.5 inches in diameter.

3. The tops of the corner and gate posts are, if rectangular, at least 5.5 inches in the smallest dimension or, if round, at least 5.5 inches in diameter.

4. The wires are held securely to the posts, allowing for free movement of the horizontal line wires, using 9-gauge staples of at least 1.5 inch size.

(d) If the fence is made with steel or iron posts, the posts are at least 11 feet long or, if the posts are of the type known as T post, the posts are at least 10 feet long.

(e) The wires are installed on the side of the fence toward the farm-raised deer except at corners.