1997 Wisconsin Act 248

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.

248,641 Section 641 . 29.59 (2) to (7) of the statutes are renumbered 29.885 (2) to (7), and 29.885 (3) (c) (intro.) and 3., (4m) and (5), as renumbered, are amended to read:

29.885 (3) (c) (intro.) A person who owns, leases or occupies property outside an incorporated municipality on which a wild animal or a structure of a wild animal is allegedly causing damage and who has made a complaint under par. (a), may remove the wild animal or the structure during daylight hours at any time from one hour before sunrise until one hour after sunset if all of the following conditions apply:

3. The wild animal is not of an endangered or threatened species under s. 29.415 29.604 and is not a migratory bird on the list in 50 CFR 10.13 that is promulgated under 16 USC 701.

(4m) Hunting allowed. If the department removes or authorizes the removal of a wild animal or the structure of a wild animal under sub. (3) (b), the person who owns, leases or occupies the property on which the damage occurred shall open the property to others for hunting and trapping for one year beginning on the date on which the removal activity started unless hunting is prohibited under this chapter, rules promulgated under this chapter or under any municipal ordinance.

(5) Abatement. (a) The department may refuse to investigate under sub. (3) (a) if the person making the complaint refuses to participate in any available wildlife damage abatement program administered under s. 29.598 29.889 or refuses to follow reasonable abatement measures recommended by the department or by the county in which the property is located if the county participates in a wildlife damage abatement program.

(b) Before taking action under sub. (3) (b) or (4), the department may require the person making the complaint to participate in any available wildlife damage abatement program administered under s. 29.598 29.889 or to follow reasonable abatement measures recommended by the department.

248,642 Section 642 . Subchapter VIII (title) of chapter 29 [precedes 29.591] of the statutes is created to read:

Chapter 29

Subchapter VIII
Education and Training

248,643 Section 643 . 29.595 of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 29.887.

248,644 Section 644 . 29.597 (6) (b) (intro.) of the statutes is created to read:

29.597 (6) (b) (intro.) The following persons are exempt from the requirement under par. (a):

248,645 Section 645 . 29.598 (title) of the statutes is renumbered 29.889 (title).

248,646 Section 646 . 29.598 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.889 (1).

248,647 Section 647 . 29.598 (2) (title) and (a) of the statutes are renumbered 29.889 (2) (title) and (a).

248,648 Section 648 . 29.598 (2) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.889 (2) (b).

248,649 Section 649 . 29.598 (2) (c) of the statutes is renumbered 29.889 (2) (c) and amended to read:

29.889 (2) (c) Review of county administration plans. The department shall provide guidelines to counties applying for participation in the wildlife damage abatement and wildlife damage claim programs under sub. (3) (b). The department shall review each plan of administration submitted under sub. (3) (c) and shall approve the plan if it is in substantial compliance with sub. (3) (c) and the administrative rules promulgated by the department under this section.

248,650 Section 650 . 29.598 (2) (d) of the statutes is renumbered 29.889 (2) (d).

248,651 Section 651 . 29.598 (3) of the statutes is renumbered 29.889 (3).

248,652 Section 652 . 29.598 (4) (title) and (a) of the statutes are renumbered 29.889 (4) (title) and (a).

248,653 Section 653 . 29.598 (4) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.889 (4) (b).

248,654 Section 654 . 29.598 (4) (bn) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 29.889 (4) (bn).

248,655 Section 655. 29.598 (4) (c) of the statutes is renumbered 29.889 (4) (c).

248,656 Section 656 . 29.598 (5) (title) and (a) of the statutes are renumbered 29.889 (5) (title) and (a).

248,657 Section 657 . 29.598 (5) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.889 (5) (b).

248,658 Section 658 . 29.598 (5) (bm) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 29.889 (5) (bm).

248,659 Section 659 . 29.598 (5) (c) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.889 (5) (c).

248,660 Section 660 . 29.598 (6) (title) and (a) of the statutes are renumbered 29.889 (6) (title) and (a).

248,661 Section 661 . 29.598 (6) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.889 (6) (b).

248,662 Section 662 . 29.598 (6) (c) of the statutes is renumbered 29.889 (6) (c).

248,663 Section 663 . 29.598 (6) (d) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.889 (6) (d).

248,664 Section 664 . 29.598 (6) (dm) and (em) of the statutes, as created by 1997 Wisconsin Act 27, are renumbered 29.889 (6) (dm) and (em).

248,665 Section 665 . 29.598 (6) (f) of the statutes is renumbered 29.889 (6) (f).

248,666 Section 666 . 29.598 (7) and (7m) of the statutes, as affected by 1997 Wisconsin Act 27, are renumbered 29.889 (7) and (7m).

248,667 Section 667 . 29.598 (8) of the statutes is renumbered 29.889 (8).

248,668 Section 668 . 29.598 (8g), (8r), (9), (10) and (11) of the statutes, as created by 1997 Wisconsin Act 27, are renumbered 29.889 (8g), (8r), (9), (10) and (11), and 29.889 (10) (c) 3., as renumbered, is amended to read:

29.889 (10) (c) 3. The revocation of the person's privileges or approvals under s. 29.99 29.971 (12) if the person violating par. (b) owns, leases or controls land, or owns livestock or apiaries, to which the false statement or representation relates.

248,669 Section 669 . 29.599 of the statutes is renumbered 29.947.

248,670 Section 670 . 29.60 (title), (1) and (2) of the statutes are renumbered 29.088 (title), (1) and (2), and 29.088 (1), as renumbered, is amended to read:

29.088 (1) Except as provided by s. 29.29 29.601 (4), it shall be is unlawful to use baits containing poison of any description in any forests, fields or other places where it might destroy or cause the destruction of wild animals or birds, and the possession of any such poison or poison baits in a hunting or trapping camp or on any person while hunting or trapping shall be prima facie evidence of a violation hereof.

248,671 Section 671 . 29.60 (2g) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 29.088 (2g).

248,672 Section 672 . 29.60 (2m) and (3) of the statutes are renumbered 29.088 (2m) and (3) and amended to read:

29.088 (2m) It shall be is unlawful to take, capture or kill or attempt to take, capture or kill any bird by setting or operating any trap or device designed, built or used to capture birds on a pole, post, tree stump or any other elevated perch more than 3 feet above the ground.

(3) Nothing in this chapter may prevent prevents the department or a person authorized under s. 29.59 29.885 from using an explosive or having an explosive near a beaver house or a beaver dam for the purpose of removing a beaver dam or a vacated beaver house when the beavers are causing damage to property.

248,673 Section 673 . Subchapter IX (title) of chapter 29 [precedes 29.601] of the statutes is created to read:

Chapter 29

Subchapter IX
Miscellaneous provisions

248,674 Section 674 . 29.605 of the statutes is renumbered 29.881 and amended to read:

29.881 (title) Giving away of predatory animals to public zoos. (1) It is lawful for the The department to may give, present, or turn over alive, for educational purposes, to any bona fide public zoo any predatory animal to a public zoo.

(2) Any predatory animal that has been given to , presented, or turned over to any bona fide a public zoo under this section shall may not be sold, bartered or given away by such the zoo in any manner, except that such the animal may be returned to the department.

248,675 Section 675 . 29.614 of the statutes is created to read:

29.614 Scientific collector permit. (1) Application for a scientific collector permit shall be submitted to the department. The department may issue a scientific collector permit if the department determines that the applicant is a natural person and is engaged in a bona fide program leading to increased, useful scientific knowledge.

(2) A scientific collector permit shall state the name and address of the permittee, the date of issuance, the purposes for which it is issued, the type, species and number of specimens authorized to be collected or salvaged, the area and period of time in which the specimens may be collected or salvaged, the place where the specimens may be kept and other conditions and limitations that the department requires. A scientific collector permit is not transferable.

(3) A scientific collector permit authorizes the permittee to collect or salvage, for scientific purposes only, the eggs, nest and wild animals specified in the permit subject to the conditions and limitations specified in the permit and the rules of the department. The permittee may use the specimens for the scientific purposes for which collected or salvaged and may transport them or cause them to be transported by common carrier. Possession of these specimens may not be transferred to any other person, except that these specimens may be exchanged for other specimens for scientific purposes. A scientific collector permit may authorize the use of net guns and tranquilizer guns for activities related to the purposes for which the permit is issued. Any person who is convicted of violating this chapter shall forfeit the person's permit and the permit is thereby revoked, in addition to all other penalties. Any person so convicted is not eligible for a permit under this section for one year following the conviction.