1997 Wisconsin Act 248

Note: The provision that creates liability for damage to the property of a licensed pheasant and quail farm is eliminated, because this liability exists under general principles of law and does not need to be restated. The provision that creates liability for damage resulting from unauthorized hunting of pheasant and quail on a licensed farm is retained, because this provision negates the ability of the unauthorized hunter to argue that the pheasant and quail were the property of the state and could be hunted in the same manner as other animals.

(8) Notwithstanding any other provision of the statutes to the contrary this chapter, no person hunting upon on a licensed shooting preserve pheasant or quail farm may be is required to hold a hunting license for hunting those game species for which the preserve has been licensed under this section.

248,617 Section 617 . 29.574 of the statutes is renumbered 29.867, and 29.867 (1), (2), (3), (3m), (3n), (5), (6) (a) and (c), (6m), (7) and (8), as renumbered, are amended to read:

29.867 (1) The owner or lessee of any lands within the state suitable for the breeding and propagating of game, birds or animals as may be approved by the department shall have the right may, upon complying with this section, to establish, operate and maintain a game bird and animal farm for the purpose of breeding, propagating, killing and selling game birds and game animals on such lands, the acreage and size of which shall be determined by the department. All waterfowl bred, propagated or held on a game bird and animal farm licensed pursuant to this section shall be enclosed within a covered enclosure by the licensee throughout the open season for hunting waterfowl in the state when written or oral notice is given to the licensee as required by the department or its agents.

(2) Such owner or lessee A person desiring to establish, operate and maintain a game bird and animal farm in conformity with this section, shall file with the department a verified declaration, describing the lands which such applicant for a license desires to use for the purpose of breeding and propagating such game birds or animals and setting forth also the title and leasehold of the applicant and the number of acres embraced in said tract an application in the form and with the information required by the department.

(3) Upon the filing of such declaration issuance of the license, the department shall forthwith investigate the same and may require the applicant to produce satisfactory evidence of the facts therein stated. It will be necessary for the licensee to purchase all wild game within the boundaries of the proposed farm of the species designated in the license, and to effect this purpose the department thereupon shall appoint one member person, the applicant licensee shall appoint one member person, and these 2 appointees shall select a 3rd member, the 3 to act as a board to go upon the lands embraced within the proposed license and person, to determine as near accurately as possible the number of wild birds and animals of the desired species thereon on the land at the time of the granting issuing of the license. The necessary expenses of all of the members of such board these persons shall be paid by the licensee. Within 30 days after the date of such the determination as accepted approved by the department, the licensee shall pay to the department a specified sum as may be determined by the department for those species of wild birds or wild and animals on the lands licensed premises that are desired for propagation purposes, the title of which rests is in the state. If upon such examination it appears that the applicant is the owner or lessee of said lands, and the applicant intends in good faith to establish, operate and maintain a game bird and animal farm, the department shall issue a license to the applicant describing such lands, and certifying that the licensee is lawfully entitled to use the same for the breeding, propagating, killing and selling of such game birds and animals thereon according to this section.

(3g) When such license has been granted the payment under sub. (3g) has been made, the licensee shall become the owner of all such game birds or animals thereon of the species licensed and of all of their offspring actually produced thereon and remaining thereon on the licensed premises, subject however to the jurisdiction of the department over all game.

(3m) No game bird and animal farm license shall may be issued after May 24, 1961, other than those already in operation except for those which are already being maintained, for any area less than one-quarter mile from the exterior boundaries of an approved a state or federal wildlife area, public hunting grounds or refuge which is managed in whole or in part for pheasants. All lands under one license shall be contiguous. This section shall not prohibit the licensing of game bird and animal farms within one-quarter mile of approved state or federal wildlife areas, public hunting grounds, or refuges provided such, unless the licensed farms premises are completely enclosed, including an enclosed top of woven wire with mesh not larger than 6 inches as required by the department. All lands under one license shall be contiguous.

(3n) Within 30 days after the date of the issuance of any such a game bird and animal farm license, the licensee shall erect posts or stakes post signs at intervals of not more than 80 rods 440 yards along the boundary of the land embraced in said license, wherever the same is not already enclosed, and shall post and maintain, upon said posts, stakes or other enclosure, notices proclaiming the establishment of licensed premises stating that the premises is a game bird and animal farm. Such notices The signs shall be furnished by the department to the licensee at cost.

(5) Such A game bird and animal farm license shall be is prima facie evidence in all courts and proceedings of the lawful right of the licensee therein named or the licensee's successors or assigns, for during the term of the license, to establish and operate such maintain a game bird and animal farm upon said on the licensed premises, and shall entitle entitles the licensee therein named, or the licensee's successors or assigns, during the term of the license, to the exclusive right for and during said term to breed and propagate such game birds and animals thereon on the licensed premises, and to the exclusive and sole ownership of any property in all such licensed game birds and animals caught or taken therefrom on the licensed premises.

(6) (a) Such The game birds and animals, except waterfowl, may be taken at any time in any manner, subject to s. 29.245 29.314, by persons qualified under this chapter any person who is lawfully entitled to hunt thereon on the licensed premises, except that such a person hunting on the licensed premises is not required to hold a hunting license. Waterfowl may only be taken pursuant to the under rules promulgated by the department and in effect governing the hunting of waterfowl, except that upon written application the department may authorize the taking of hand-reared mallards at any time within the boundaries of a licensed game bird and animal farm in numbers not to exceed those liberated or propagated when it appears to the satisfaction of the department determines that only mallards liberated or propagated by the licensee will be taken on such farm licensed premises. The applicant shall certify to the department that mallards liberated or propagated for shooting hunting were produced and reared in captivity and are more than 2 generations removed from the wild. Hand-reared mallards shall may not be released for shooting hunting purposes unless such the mallards have first been identified as the department directs. Mallards confined to wholly enclosed pens or buildings may be taken within such pens or buildings at any time and in any numbers.

(b) No such game bird or animal or mallards killed on such farm the licensed premises and no live game bird or animal or mallards to be consumed as food shall may be removed therefrom from the premises until there has been securely fastened to each bird or animal a band or tag furnished by the department to the licensee at cost. Such The band or tag shall remain attached to the bird or animal until prepared for consumption. Live birds and animals may be sold or transported. Each container carrying such live birds or animals shall have attached thereto to it a band or tag as set forth above furnished by the department. Live birds or animals acquired from the licensee to be consumed as food shall may not be kept in a live condition alive by any person beyond 48 hours from the time such that the birds or animals were acquired from such the licensee. Correct and complete book records of sales and purchases of live birds and animals disclosing the time and date of such sales and whether or not such live birds and animals were acquired to be consumed as food shall be kept by the licensee. Certified copies of such records shall be furnished by the licensee to the department on request, on forms furnished by the department.

(c) Whenever any such bird or animal shall be from a game bird and animal farm is consumed for food, the band or tag attached to such the bird or animal shall be kept in evidence until such the bird or animal is consumed.

(6m) Notwithstanding any other provision of the statutes to the contrary this chapter, no person hunting upon on a licensed game bird and animal farm shall be is required to hold a hunting license.

(7) Any person other than the licensee, the licensee's bona fide regular employes, or persons having permission from or a person authorized by the licensee , who shall hunt or shoot hunts game birds or animals upon any lands described in any such license, shall be on the licensed premises is liable to the licensee in the sum of $100, in addition to all damage which the person may do to the farm or does to the game birds or animals, and property thereon, but all actions for such trespass any action to recover damages shall be brought by such the licensee.

Note: The provision that creates liability for damage to the property of a licensed game bird and animal farm is eliminated, because this liability exists under general principles of law and does not need to be restated. The provision that creates liability for damage resulting from unauthorized hunting on a licensed game bird and animal farm is retained, because this provision negates the ability of the unauthorized hunter to argue that the game birds and animals were the property of the state and could be hunted in the same manner as other animals.

(8) Each licensee shall keep a correct and complete book record of licensed animals and birds records as required by the department of natural resources on the forms furnished by the department. The licensed area premises and records may be inspected by the department or its wardens at any time. Copies of the records under oath and copies of the records shall be furnished to the department on request.

248,618 Section 618 . 29.575 of the statutes is renumbered 29.869, and 29.869 (1) (intro.) and (c) and (2) to (10), as renumbered, are amended to read:

29.869 (1) (intro.) The owner or lessee of any lands suitable for the breeding and propagating of fur animals may, upon complying with this section, establish, operate and maintain on such lands a fur animal farm, for the purpose of breeding, propagating, trapping and dealing in fur animals. Fur animal farms as licensed under this section shall be of one or more of the following categories as specified in the license:

(c) Mink, except domestic mink as defined in s. 29.579 29.873.

(2) Such owner or lessee A person desiring to establish, operate and maintain a fur animal farm, in conformity with this section, shall file with the department a verified declaration describing the lands which such applicant desires to use for the purpose of breeding and propagating fur animals and setting forth the title or leasehold of the applicant and the number of acres which will be maintained as a fur animal farm. Acres an application in the form and with the information required by the department. The land under one license need not be contiguous.

(3) Upon the filing of such declaration the department shall investigate and may require the applicant to produce satisfactory evidence of the facts stated in the declaration. If it appears that the applicant is the owner or lessee of the lands, the land is suitable for the breeding and propagating of fur animals and that the applicant intends in good faith to establish, operate and maintain a fur animal farm, the department shall issue a license to the applicant. The license shall describe the lands and shall certify that authorize the licensee is entitled to use the same for dealing, breeding, propagating and trapping to breed, propagate, trap and deal in fur animals that are on the land described in the license licensed premises.

(4) Upon issuance of the license, the department shall appoint one person, the applicant licensee shall appoint one person, and these 2 appointees shall select a 3rd person, to enter the lands and determine the number of fur animals thereon on the land at the time of the granting issuing of the license. The necessary expenses of these persons shall be paid by the licensee. Within 10 days after the date of such the determination, the licensee shall pay to the department $2.50 for each beaver, 50 cents for each muskrat, $2.50 for each mink, $2.50 for each otter, $1 for each raccoon, and 50 cents for each skunk so found on such lands the land. Only those animals to be licensed under the fur animal farm are to be paid for. When such payment has been made, the licensee shall become becomes the owner of such the fur animals on said lands the licensed premises and of all of their offspring remaining thereon on the premises. The licensee shall have the right to may manage and control said lands the licensed premises and the licensed fur animals thereon, to on the premises, take the same animals at any time or in any manner, subject to s. 29.245, which the licensee sees fit and deems to the best advantage of the licensee's business 29.314, and to sell and transport at any time said the fur animals or the pelts taken from them.

(6) Within 30 days after the date of the issuance of any such a fur animal farm license, the licensee shall erect posts or stakes post signs at intervals of not more than 80 rods 440 yards along the boundary of the land embraced in the license wherever the lands are not already enclosed, and shall post and maintain upon the posts, stakes or other enclosures notices proclaiming the establishment of licensed premises stating that the premises are a fur animal farm. Such notices The signs shall be furnished by the department to the licensee at cost.

(7) A valid fur animal farm license is prima facie evidence in all courts and proceedings of the right of the licensee, or the licensee's successors or assigns, during the term of the license, to establish and operate maintain a fur animal farm upon on the licensed premises and entitles the licensee, or the licensee's successors or assigns, during the term of the license, to the exclusive right to breed and propagate fur animals upon on the licensed premises and to the exclusive and sole ownership of any property in all fur animals caught or taken on the licensed premises.

(8) Any person, other than the licensee, or agents a person authorized by the licensee, who hunts or traps fur animals upon any lands described in any such license shall be on the licensed premises is liable to the licensee in the sum of $100, in addition to all damage which the person does to the farm or to the fur animals and property, but all actions for such trespass any action to recover damages shall be brought by such the licensee.

Note: The provision that creates liability for damage to the property of a licensed fur farm is eliminated, because this liability exists under general principles of law and does not need to be restated. The provision that creates liability for damage resulting from unauthorized hunting or trapping on a licensed fur farm is retained, because this provision negates the ability of the unauthorized hunter to argue that the animals were the property of the state and could be hunted or trapped in the same manner as other animals.

(9) Each licensee shall keep a correct and complete book record of licensed animals records as required by the department on the forms furnished by the department. The licensed area premises and records may be inspected by the department or deputies at any time. Certified and copies of such the records shall be furnished to the department on request.

(10) Nothing in this section shall be construed to affect affects any public right of hunting, fishing or navigation except as herein expressly provided.

248,619 Section 619 . 29.578 (title) of the statutes is renumbered 29.871 (title).

248,620 Section 620 . 29.578 (1) of the statutes is renumbered 29.871 (1) and amended to read:

29.871 (1) The owner or lessee of any lands within this state suitable for breeding and propagating of deer shall have the right may, upon complying with this section to, establish, operate and maintain a deer farm for the purpose of breeding, propagating, killing and selling deer on such lands, the acreage and size of which shall be determined by the department. Such deer farm must be completely inclosed by a fence. Any.

(4m) Any streams whether meandered or not, flowing into or out of an inclosed enclosed deer farm, and of a swampy, marshy or boggy character and not navigable in fact at all times of the year by ordinary boats or pleasure craft, and which are not of any substantial beneficial use to the public, shall not be considered navigable so as to prevent erection and maintenance over them, of the type of fence prescribed and permitted by this section.

248,621 Section 621 . 29.578 (1m) of the statutes is renumbered 29.871 (1m).

248,622 Section 622 . 29.578 (2) of the statutes is renumbered 29.871 (2) and amended to read:

29.871 (2) Such owner or lessee A person desiring to establish, operate and maintain a deer farm in conformity with this section shall file with the department a verified declaration, describing the lands which such applicant for a license desires to use for the purpose of breeding and propagating deer and setting forth also the title or leasehold of the applicant and the number of acres embraced in said tract an application in the form and with the information required by the department.

248,623 Section 623 . 29.578 (3) of the statutes is renumbered 29.871 (4g) and amended to read:

29.871 (4g) Upon the filing of such declaration the department shall forthwith investigate the same and may require the applicant to produce satisfactory evidence of the facts therein stated. Upon receipt of such declaration issuance of the license, the department shall determine as near accurately as possible the number of deer on such lands the licensed premises. The necessary expenses of such investigation the determination shall be paid by the licensee. The licensee shall pay the department $25 for each deer found on the license premises. When payment has been made, the licensee becomes the owner of all of the deer on the licensed premises and of all of the offspring on the licensed premises. The licensee may manage and control the licensed premises and the deer on the premises, kill the deer subject to s. 29.314 and sell the deer as provided under this section.

248,624 Section 624 . 29.578 (4) to (13) of the statutes are renumbered 29.871 (4) to (13) and amended to read:

29.871 (4) The licensee shall pay to the department $25 for each deer so found on such lands. When such payment has been made and the license issued, the licensee shall become the owner of all deer on said lands and of all their offspring. The licensee shall have the right to manage and control said lands and the deer thereon, to kill the deer, subject to s. 29.245, and to sell the deer as provided by this section. If upon examination it shall appear that If the applicant is the owner or lessee of said the lands, and that the applicant intends in good faith to establish, operate and maintain a deer farm, the department may inform the applicant that, as soon as the applicant has built a suitable deer fence around the area premises to be included within the license, it will issue the same. Said a license. The applicant shall install a deer-tight fence shall be built in accordance with specifications prescribed by the department; provided, the department may issue a license for such deer farms heretofore established if the fence actually inclosing said farm is in fact sufficient to hold deer therein. After the complete installation of such the fence and after, the department has satisfied itself that it is satisfactory and complies with the law, it may shall issue a license to the applicant describing such. The license shall describe the lands, and certifying that and authorize the licensee is lawfully entitled to use the same for the breeding, propagating, killing and selling of deer thereon according to this section to breed, propagate, kill and sell the deer that are on the licensed premises.

(5) The deer farm license shall be renewed each year if the licensee has not violated any of the provisions under which it was granted issued.

(6) Such A deer farm license shall be is prima facie evidence in all courts and proceedings of the lawful right of the licensee therein named or the licensee's successors or assigns, for during the term of the license, to establish and operate maintain a deer farm upon said on the licensed premises, and shall entitle entitles the licensee therein named or the licensee's successors or assigns, during the term of the license, to the exclusive right for and during said term to breed and, propagate, kill subject to s. 29.314 and sell deer thereon on the land, and to the exclusive and sole ownership of any property in all deer caught or taken therefrom on the land.

(7) Deer on a deer farm shall may be killed only by the licensee or bona fide regular the licensee's employes except that on licensed deer farms, not less than 10 acres in area, deer may be killed by persons expressly authorized by the licensee who are otherwise qualified under this chapter lawfully entitled to hunt deer except that no any person hunting upon on a licensed deer farm shall be is not required to hold a hunting license for deer ; and all such. All deer killed on a deer farm shall be distinctly tagged with a tag to be furnished by the department to the licensee at cost not exceeding 5 cents each. The licensee shall pay to the department $1 for each deer so killed. Before any deer on a licensed deer farm shall may be killed, the licensee shall notify the department or one of its representatives in advance of the taking of such the deer, and the department or its representatives shall make acknowledgment of acknowledge receipt of said the notice and such the acknowledgment when received by the licensee shall be is authority for taking deer. The department or any of its duly authorized representatives may be present while the taking of such deer is in progress.

(8) After a deer is so killed and tagged, only the entire carcass only shall may be sold and transported, except as provided in sub. (14). The tag must shall remain on the carcass while in transit. A deer farm tag may be removed from a gutted carcass at the time of butchering, but the person who killed or obtained the deer shall retain the tag until the meat is consumed.

(9) Such A licensee may sell and transport live deer providing that the department or one of its representatives be is notified in advance of the shipment of such deer, and the department or its representatives shall make acknowledgment of acknowledges receipt of said the notice and such. The acknowledgment when received by the licensee shall be is the licensee's authority for shipping deer. The licensee shall pay to the department $1 for each live deer sold, and each crate or conveyance carrying such live deer must shall have a special tag or tags attached thereto to it for each live deer transported therein, showing that it is a deer from a deer farm. The data on such the tag or tags shall be entered in ink or indelible pencil and such the tag or tags shall be retained by the purchaser of said live the deer. Such The tags shall be furnished by the department, its wardens or agents.

(10) Any person other than the licensee, or the licensee's employes, who shall hunt or trap hunts deer upon any lands described in any such license shall be on the licensed premises is liable to the licensee in the sum of $100 in addition to all damage which the person may do to said farm or does to the deer and property thereon, but all actions for such trespass any action to recover damages shall be brought by such the licensee.

Note: The provision that creates liability for damage to the property of a licensed deer farm is eliminated, because this liability exists under general principles of law and does not need to be restated. The provision that creates liability for damage resulting from unauthorized hunting on a licensed deer farm is retained, because this provision negates the ability of the unauthorized hunter to argue that the deer were the property of the state and could be hunted in the same manner as deer elsewhere in the state.

(11) Each license shall be accepted by the licensee upon the condition that the licensee will comply with this section and with all provisions of law and that the licensee will honestly operate said deer farm for the purpose of propagating deer; that the and title to the deer in the inclosure for which a license has been granted and for which the applicant has paid the state at the rate of $25 per deer, enclosure shall be conditional conditioned upon the applicant and licensee honestly and fairly complying with this section and provisions of law other statutes and rules relating to the operation maintenance of deer farms; and in the. In an action to revoke the license of said licensee, or to establish the licensee's unfitness to further operate said deer farm, the court, in the judgment, in the event it is determined that the applicant and licensee has violated this section and the provisions of law relating to the operation of deer farms, shall provide that the title to all of the deer within said inclosure together with all of the increase therefrom be the enclosure is forfeited to the state; that the said tract of land shall licensed premises may not be used for a deer farm for a period of 5 years and until a new license therefor, after said 5 years, has been issued by the department as provided in this section after the 5-year period; that the department shall within 30 days of the notice of entry of judgment enter upon said tract the premises and open the said fences in such a manner as to give the inclosed animals free egress and may drive the said animals out of the inclosure if in the opinion of the department it is for the best interests of the state; said enclosure; that the lands for which said the license has been forfeited may be used by the owner thereof for all lawful purposes except the propagating of deer during said time,; and that during said 5 year the 5-year period said lands shall be a sanctuary and no hunting or trapping of any kind or character shall be practiced therein or thereon is prohibited on the land. The department shall in such event duly post notices thereof of the judgment at intervals of 10 rods 55 yards around the entire tract premises.

(12) On or before January 1 of each year, each such licensee shall make a report to the department, covering the period from January 1 to December 31 of for the previous calendar year, upon blanks on forms furnished by the department, stating the number of deer killed and sold and live deer sold during said period, the names and addresses of the persons to whom the same deer were sold and the dates of shipment.

(13) The department or its wardens shall have the right and power to may inspect such deer farms or the books records of such deer farms at any and all times when they may think the need requires it time.

248,625 Section 625 . 29.578 (14) (a) of the statutes is renumbered 29.871 (14) (a) and amended to read:

29.871 (14) (a) No person may barter, sell or otherwise deal in the carcasses of deer taken from a deer farm unless the person obtains a deer farm sales license from the department. Each carcass of this type of deer that is sold by a person under this license is required to have a distinctive tag attached to it. The department shall issue these furnish deer farm sales tags at cost.

248,626 Section 626 . 29.578 (14) (am) of the statutes, as affected by 1997 Wisconsin Act 35, is renumbered 29.871 (14) (am) and amended to read:

29.871 (14) (am) The department may issue special retail deer sale permits authorizing a person to sell at retail white-tailed deer venison in the carcass from a deer lawfully killed under this section to any retailer of meats if the venison is inspected under s. 97.42.

248,627 Section 627 . 29.578 (14) (b) of the statutes is renumbered 29.871 (14) (b) and amended to read:

29.871 (14) (b) Any The department may issue a venison serving permit authorizing a person may to serve venison obtained from a deer farm licensed under this section if the person has a venison serving permit from the department. The application for this permit shall be in the form and include the information the department requires. If the The department after investigation is satisfied that the application is satisfactory it shall may issue a venison serving permit conditioned as follows:

2. It shall be exhibited in a conspicuous place in the premises where such venison is retained and served.

3. It shall contain the name and address of the applicant together with, the name and address of the premises where the venison will be retained and served, together with the source of the venison, and the sex, approximate weight and deer farm tag numbers of the carcass. The deer farm tag may be removed from a gutted carcass at the time of butchering, but the person who killed or obtained the deer shall retain the tag until the venison is consumed.

4. The permittee agrees to shall record immediately upon possession all additional venison, purchased, possessed or served during under the permit period in the space provided therefor on the permit.

5. The permittee agrees that the department or its wardens shall have the right to may inspect the premises where such venison is retained or served and that the venison will be inspected under s. 97.42.

248,628 Section 628 . 29.578 (14) (c) of the statutes is renumbered 29.871 (14) (b) 6. and amended to read:

29.871 (14) (b) 6. Each The permittee under par. (b) shall file a verified report to with the department within 30 days after the expiration of the permit containing such information regarding the operations under the permit as the department requires on forms furnished in the form required by the department.

248,629 Section 629 . 29.578 (15) and (16) of the statutes are renumbered 29.871 (15) and (16).

248,630 Section 630 . 29.579 of the statutes is renumbered 29.873 and amended to read:

29.873 Domestic fur-bearing animal farms. The breeding, raising and producing in captivity, and the marketing, by the producer, of foxes, fitch, nutria, marten, fisher, mink, chinchilla, rabbit or caracul, as live animals, or as animal pelts or carcasses shall be deemed considered an agricultural pursuit, and all such animals so raised in captivity shall be deemed considered domestic animals, subject to all the laws of the state with reference to possession, ownership and taxation as are at any time applicable to domestic animals. All persons engaged in the foregoing activities are farmers and engaged in farming for all statutory purposes.

248,631 Section 631 . 29.583 of the statutes is renumbered 29.875 and amended to read:

29.875 Disposal of escaped deer. (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 29.867 or 29.578 29.871 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.

(2) Notwithstanding 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.

248,632 Section 632 . 29.585 (title) of the statutes is renumbered 29.877 (title).

248,633 Section 633 . 29.585 (1) of the statutes is renumbered 29.877 (2m) and amended to read:

29.877 (2m) The department may grant issue licenses for wildlife exhibits which are defined as any place where one or more live wild animals are kept in captivity for the purpose of exhibition or for advertising purposes. The and shall prescribe the form of the application and license shall be prescribed by the department.

248,634 Section 634 . 29.585 (2) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.877 (2) (intro.) and amended to read:

29.877 (2) (intro.) In this section, “wild:

(a) “Wild animal" means any mammal, fish or bird of a wild nature as distinguished from domestic animals under the common law or under the 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 or farm-raised fish.

248,635 Section 635 . 29.585 (2) (b) to (6) of the statutes are renumbered 29.877 (2) (b) to (6) and amended to read:

29.877 (2) (b) “Wildlife exhibit" means any place where live wild animals are kept in captivity for the purpose of exhibition or for advertising purposes, but does not include the exhibition of any live wild animal by any educational institution, state department agency, public zoo, park or garden, circus or theatrical exhibition or any such exhibition sponsored by any organization with the approval of the department.

(3) No wildlife exhibition exhibit license shall may be granted by the department until it is satisfied that the provisions for housing and caring for such the wild animals and for protecting the public are proper and adequate and in accordance with the standards therefor established by the department.

(4) The department shall promulgate and enforce rules for the housing, care, treatment, feeding and sanitation of wild animals kept in wildlife exhibits and for the protection of the public from injury by the wild animals.

(5) No person may keep any live wild animal in captivity for the purpose of exhibition or for advertising purposes or have any wild animal in his or her custody or under his or her control for such purpose maintain a wildlife exhibit, unless the person has a wildlife exhibit license is issued to the person by the department. A wildlife exhibit license is required in addition to any game bird and animal farm or fur farm license or deer farm license under s. 29.578 that is required for the possession, breeding, propagating or dealing of these wild animals if these farms are wildlife exhibits as defined under sub. (1).

(6) Each licensee shall file an annual, verified a report with the department within 30 days after the expiration of such the license containing such information on the operation of the wildlife exhibit as the department may require and on forms furnished by the department.

248,636 Section 636. 29.586 of the statutes is renumbered 29.879, and 29.879 (1) to (3), as renumbered, are amended to read:

29.879 (1) The department has the authority to may examine all lands, together with and buildings, licensed as game bird and animal farms, deer farms or, fur farms or wildlife exhibits to determine that all whether wild animals held in captivity on such licensed farms are treated in a humane manner and confined under sanitary conditions with proper and adequate housing, care and food.

(2) The department may order any licensee to comply with standards prescribed in such the order for the housing, care, treatment, feeding and sanitation of wild animals held in captivity by the licensee.

(3) Any such The licensee who fails to shall comply with such the order of the department within 10 days of its issuance will be subject to penalties provided in s. 29.99.

248,637 Section 637 . 29.59 (title) and (1) (intro.) and (a) of the statutes are renumbered 29.885 (title) and (1) (intro.) and (a).

248,638 Section 638 . 29.59 (1) (b) of the statutes is repealed.

248,639 Section 639 . 29.59 (1) (c) to (e) of the statutes are renumbered 29.885 (1) (c) to (e).

248,640 Section 640 . 29.59 (1) (f) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.885 (1) (f).

Note: The definition of “daylight hours" is repealed and the substance of the definition is moved to current s. 29.59 (3) (c) (intro.), the only occurrence of that term.