2001 WISCONSIN ACT 56
An Act to repeal 29.024 (2r) (a) 17., 29.024 (2r) (a) 18., 29.024 (2r) (a) 19., 29.024 (2r) (a) 20., 29.024 (2r) (a) 21., 29.321, 29.354 (4), 29.563 (9) (intro.) and (a) (title), 29.563 (9) (a) 2. to 10. and (b), 29.563 (9) (c), 29.741 (1), 29.745, 29.853 (title), 29.853 (1), 29.853 (2), 29.853 (3), 29.853 (4m), 29.853 (5) (title), 29.855 (title), 29.855 (1), 29.855 (2), 29.855 (3), 29.855 (4) (title), 29.855 (5), 29.855 (6), 29.855 (7), 29.857, 29.861, 29.863, 29.865, 29.867, 29.869, 29.871, 29.877, 29.879, 29.881, 93.07 (10) (a), 95.45 (2), 95.45 (3), 95.71 (1) (c), 95.71 (1) (d) and 350.01 (5); to renumber 23.51 (1), 29.563 (9) (a) 1., 29.873, 29.974 (2), 95.55 (1) (b), 95.60 (1) (a), 95.68 (1) (a), 95.69 (1) (b) and 95.71 (1) (b); to renumber and amend 29.334, 29.351, 29.354 (2), 29.741 (2), 29.853 (5), 29.855 (4), 93.07 (10) (b), 95.001 (1) (a), 95.68 (1) (e), 95.68 (1) (f), 95.68 (2m), 95.71 (1) (g), 951.015 and 951.09; to consolidate, renumber and amend 95.60 (1) (intro.) and (b); to amend 20.115 (2) (ha), 20.370 (1) (mu), 20.370 (3) (mu), 23.09 (2) (f), 23.50 (1), 23.50 (3), 23.51 (5), 23.65 (1), 25.29 (1) (a), 25.29 (4m), 29.001 (24), 29.001 (26), 29.001 (39), 29.001 (60), 29.024 (1), 29.024 (2g) (a) 2., 29.024 (2r) (am), 29.042 (1), 29.047 (2) (b), 29.055, 29.057, 29.071, 29.191 (2) (a) 3., 29.319 (1) (intro.), 29.334 (title), 29.337 (1) (intro.), 29.347 (2), 29.354 (1), 29.357 (5) (b), 29.506 (4), 29.539 (1m), 29.541 (3), 29.614 (3), 29.875 (1), 29.885 (1) (f), 29.889 (1) (intro.), 29.889 (1) (a), 29.924 (4), 29.927 (5), 29.931 (1), 29.931 (2) (a), 29.934 (1) (a), 29.957, 29.969, 29.971 (14), 29.977 (1) (g), 29.983 (1) (b) 7., 49.857 (1) (d) 2., 59.25 (3) (f) 2., 59.40 (2) (m), 73.0301 (1) (d) 1., 90.20 (title), 90.20 (1) (a), 90.20 (2) (intro.), 93.06 (1g), 95.10 (5), 95.12, 95.13, 95.17, 95.24 (3) (a) (intro.), 95.24 (3) (a) 1., 95.24 (3) (a) 2., 95.24 (3) (a) 3., 95.31 (1), 95.31 (2), 95.31 (3), 95.31 (4), 95.38 (1), 95.49 (1) (e), 95.49 (1m) (e), 95.49 (2), 95.55 (title), 95.68 (title), 95.68 (1) (b), 95.68 (2), 95.68 (4) (intro.), 95.68 (4) (a), 95.68 (4) (b), 95.68 (4) (c), 95.68 (5) (a) 1., 95.68 (5) (a) 2., 95.68 (5) (b), 95.68 (5) (c), 95.68 (7), 95.68 (8), 95.69 (title), 95.69 (1) (c) (intro.), 95.69 (1) (c) 1., 95.69 (1) (d), 95.69 (1) (e), 95.69 (1) (f), 95.69 (2), 95.69 (4), 95.69 (5) (a) 1., 95.69 (5) (a) 2., 95.69 (5) (b), 95.69 (5) (c), 95.69 (7), 95.69 (8), 95.69 (8m), 95.71 (title), 95.71 (1) (e), 95.71 (1) (f), 95.71 (2), 95.71 (3), 95.71 (4), 95.71 (5) (a), 95.71 (5) (b), 95.71 (6) (a) (intro.), 95.71 (6) (a) 1., 95.71 (6) (a) 2., 95.71 (6) (b), 95.71 (6) (c), 95.71 (8), 95.72 (7) (a), 97.42 (1) (dm), 97.44 (3), 100.04 (1), 167.31 (4) (b), 173.23 (1m) (b), 174.001 (3), 814.60 (2) (e), 895.57 (3), 943.75 (3), 951.18 (4) (a) 2., 951.18 (4) (b) 1. and 973.05 (1); to repeal and recreate 95.20, 95.22, 95.45 (title) and 95.68 (2m) (title); and to create 23.51 (1d), 23.51 (9m), 23.795 (3), 23.795 (4), 29.001 (25m), 29.011 (3), 29.334 (3), 29.351 (2m), 29.354 (2) (b), 29.354 (5), 29.501 (9m), 29.931 (4), 29.974 (2) (a), 90.21, 93.07 (10m), 95.001 (1) (ad), 95.001 (1) (ah), 95.001 (1) (ai), 95.45 (4), 95.45 (5), 95.55 (1) (b) 2., 95.55 (3m), 95.55 (5), 95.55 (6), 95.57, 95.68 (1) (g), 95.68 (2m) (b), 95.68 (5) (a) 1m., 95.68 (5) (a) 2m., 95.69 (1) (c) 2m., 95.69 (1) (h), 95.69 (2m), 95.69 (5) (a) 1m., 95.69 (5) (a) 2m., 95.71 (1) (i), 95.71 (6) (a) 1m., 95.71 (6) (a) 2m., chapter 169, 951.01 (1m), 951.015 (2), 951.09 (2) and 951.09 (3) of the statutes; relating to: the possession of wild animals and their carcass parts; farm-raised deer; farm-raised game birds; animal health and animal markets, dealers, and truckers; participation in the national poultry improvement plan; taking, removing, selling, and transporting certain wild plants; granting rule-making authority; making appropriations; and providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
56,1
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, 95.57, 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.
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Section
2. 20.370 (1) (mu) of the statutes is amended to read:
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).
56,3
Section
3. 20.370 (3) (mu) of the statutes is amended to read:
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.
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Section
4. 23.09 (2) (f) of the statutes is amended to read:
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.
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Section
5. 23.50 (1) of the statutes is amended to read:
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.
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Section
6. 23.50 (3) of the statutes is amended to read:
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.
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7. 23.51 (1) of the statutes is renumbered 23.51 (1m).
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8. 23.51 (1d) of the statutes is created to read:
23.51 (1d) "Captive" has the meaning given in s. 169.01 (2).
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9. 23.51 (5) of the statutes is amended to read:
23.51 (5) "Natural resources restitution payment" means the payment imposed under s. 29.989 or 169.46 (2).
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Section
10. 23.51 (9m) of the statutes is created to read:
23.51 (9m) "Wild animal" has the meaning given in s. 169.01 (37).
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Section
11. 23.65 (1) of the statutes is amended to read:
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.
56,12
Section
12. 23.795 (3) of the statutes is created to read:
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).
56,13
Section
13. 23.795 (4) of the statutes is created to read:
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).
56,14
Section
14. 25.29 (1) (a) of the statutes is amended to read:
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.
56,15
Section
15. 25.29 (4m) of the statutes is amended to read:
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.
56,16
Section
16. 29.001 (24) of the statutes is amended to read:
29.001 (24) "Farm-raised deer" has the meaning given in s. 95.001 (1) (a) (ag).
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Section
17. 29.001 (25m) of the statutes is created to read:
29.001 (25m) "Farm-raised game bird" has the meaning given in s. 169.01 (12m).
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Section
18. 29.001 (26) of the statutes is amended to read:
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.
56,19
Section
19. 29.001 (39) of the statutes is amended to read:
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.
56,20
Section
20. 29.001 (60) of the statutes is amended to read:
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.
56,21
Section
21. 29.011 (3) of the statutes is created to read:
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.
56,22
Section
22. 29.024 (1) of the statutes is amended to read:
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.
56,23
Section
23. 29.024 (2g) (a) 2. of the statutes is amended to read:
29.024 (2g) (a) 2. Any permit issued under s. 29.537, 29.733, 29.735, or 29.736 or 29.871.
56,24
Section
24. 29.024 (2r) (a) 17. of the statutes is repealed.
56,25
Section
25. 29.024 (2r) (a) 18. of the statutes is repealed.
56,26
Section
26. 29.024 (2r) (a) 19. of the statutes is repealed.
56,27
Section
27. 29.024 (2r) (a) 20. of the statutes is repealed.
56,28
Section
28. 29.024 (2r) (a) 21. of the statutes is repealed.
56,29
Section
29. 29.024 (2r) (am) of the statutes is amended to read:
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.
56,30
Section
30. 29.042 (1) of the statutes is amended to read:
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.
56,31
Section
31. 29.047 (2) (b) of the statutes is amended to read:
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.
56,32
Section
32. 29.055 of the statutes is amended to read:
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.
56,33
Section
33. 29.057 of the statutes is amended to read:
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.
56,34
Section
34. 29.071 of the statutes is amended to read:
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.
56,35
Section
35. 29.191 (2) (a) 3. of the statutes is amended to read:
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.
56,36
Section
36. 29.319 (1) (intro.) of the statutes is amended to read:
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:
56,37
Section
37. 29.321 of the statutes is repealed.
56,38
Section
38. 29.334 (title) of the statutes is amended to read:
29.334 (title) Hunting and trapping; treatment of wild animals.
56,39
Section
39. 29.334 of the statutes is renumbered 29.334 (1) and amended to read:
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.
56,40
Section
40. 29.334 (3) of the statutes is created to read:
29.334 (3) This section does not apply to farm-raised deer, farm-raised game birds, or wild animals that are subject to regulation under ch. 169.
56,41
Section
41. 29.337 (1) (intro.) of the statutes is amended to read:
29.337 (1) (intro.) The owner or occupant of any land, and any member of his or her family, may hunt or trap beaver, coyotes, foxes, raccoons, woodchucks, rabbits, and squirrels on the land without a license issued under this chapter or ch. 169 at any time, except as follows:
56,42
Section
42. 29.347 (2) of the statutes is amended to read:
29.347 (2) Deer tags. Except as provided under sub. (5) and s. 29.324 (3), any person who kills a deer shall immediately attach to the ear or antler of the deer a current validated deer carcass tag which is authorized for use on the type of deer killed. Except as provided under sub. (2m) or s. 29.871 (7), (8) or (14) or s. 29.89 (6), no person may possess, control, store or transport a deer carcass unless it is tagged as required under this subsection. The carcass tag may not be removed before registration. The removal of a carcass tag from a deer before registration renders the deer untagged.
56,43
Section
43. 29.351 of the statutes is renumbered 29.351 (1), and 29.351 (1) (c), as renumbered, is amended to read:
29.351 (1) (c) Possess the raw skin of any muskrat, mink, otter, fisher or pine marten at any time unless the person is the holder of a valid scientific collector permit, fur dealer license, trapping license or resident conservation patron license. No license is required for a person breeding, raising and producing domestic fur-bearing animals in captivity, as defined in s. 29.873 29.627, or for a person authorized to take muskrats on a cranberry marsh under a permit issued to the person by the department.
56,44
Section
44. 29.351 (2m) of the statutes is created to read:
29.351 (2m) Subsection (1) does not apply to the skins of fur-bearing animals that are subject to regulation under ch. 169.
