1997 Wisconsin Act 248

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.

Note: This provision contains the same provisions, without substantive change, as current s. 29.17. The bill creates a new section regarding scientific collector permits as an expedient, because of the substantial amount of reorganization that is necessary.

248,676 Section 676 . 29.62 (title) of the statutes is renumbered 29.421 (title) and amended to read:

29.421 (title) Removal of injurious rough fish.

248,677 Section 677 . 29.62 (1) and (3) of the statutes, as affected by 1997 Wisconsin Act 27, are consolidated, renumbered 29.421 and amended to read:

29.421 The department may take rough fish by means of seines, nets or other devices, or cause rough fish to be taken, from any of the waters of this state, other than waters in a self-contained fish rearing facility or in a preexisting fish rearing facility that is barrier equipped and that is an artificial body of water. (3) Whenever the department takes rough fish under this section it shall dispose of the same as the department shall direct fish in any manner that it determines to be appropriate.

248,678 Section 678 . 29.623 (title) of the statutes is renumbered 29.424 (title).

248,679 Section 679 . 29.623 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.424 (1) and amended to read:

29.424 (1) When the department finds that any species of fish is detrimental to any of the waters of the state it may, by rule, designate such the species of fish and specify the waters in which such the species of fish are is found to be detrimental. Thereupon the The department may remove such fish from the waters specified or cause them to be removed therefrom detrimental fish of the species designated from the waters specified.

248,680 Section 680 . 29.623 (2) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.424 (2).

248,681 Section 681 . 29.625 of the statutes is renumbered 29.417 and amended to read:

29.417 Permit to take rough fish. (1) Permission may be granted to any person by the department upon such terms and conditions as it may require required by the department to take carp and other undesirable rough fish, which are detrimental to game fish in the following bays or harbors in Door county, namely County: Sturgeon Bay, Little Sturgeon Bay, Riley's bay Bay, Egg harbor Harbor, Fish creek harbor Creek Harbor, Eagle harbor Harbor, Bailey's harbor Harbor, Mud bay Bay, North bay Bay, Rowley's bay Bay, and Washington harbor Harbor, Jackson harbor Harbor and Detroit harbor Harbor in Washington Island.

(2) A person having a contract to take rough fish under s. 29.62 29.421 or this section may be authorized by the department to erect and maintain a temporary pond in any navigable water pending the sale of such the fish, provided that such the pond does not unreasonably interfere with navigation or other public rights in such the water.

248,682 Section 682 . 29.626 of the statutes is renumbered 29.717 and amended to read:

29.717 Trespass on riparian land. In an action against a person for damages sustained from trespassing on lands bordering streams stocked by the consent of the owner of such the lands, with fish received from a state hatchery, where such the damage shall exceed exceeds $2, the trespasser shall be is liable for double the amount of such the damage and all of the taxable costs; and where the damage sustained is $2 or less the trespasser shall be liable for the amount of such the damage and the costs not to exceed the amount of the damage.