AB514-ASA1,13,5 429.853 Captive wild animals; definitions. In this section and ss. 29.855 to
529.871:
AB514-ASA1,13,7 6(1) "Animal" means any mammal or any bird, reptile, amphibian, mollusk or
7arthropod or egg thereof.
AB514-ASA1,13,8 8(2) "Captive" means any of the following:
AB514-ASA1,13,99 (a) Restrained by a cage, pen, fence or other enclosure.
AB514-ASA1,13,1110 (b) Restrained by physical alterations that limit movement or facilitate
11capture.
AB514-ASA1,13,1212 (c) Restrained by a leash or a tether or otherwise tied.
AB514-ASA1,13,1413 (d) Held in a controlled environment that is designed to prevent the departure
14from the controlled environment.
AB514-ASA1,13,16 15(3) "Domesticated animal" means farm-raised deer or an animal that is listed
16as a domesticated animal by rule by the department.
AB514-ASA1,13,18 17(4) "Exhibit" means to display for the purpose of public viewing, regardless of
18whether a fee is charged.
AB514-ASA1,13,19 19(5) "Possess" means to own, control, restrain, transport or keep.
AB514-ASA1,13,21 20(6) "Purchase" means to acquire through a sale or through an exchange for
21consideration.
AB514-ASA1,13,22 22(7) "Sell" means to transfer or exchange for consideration.
AB514-ASA1,13,23 23(8) "Take" means to capture, but does not include killing.
AB514-ASA1,13,25 24(9) Notwithstanding s. 29.01 (14), "wild animal" means any animal of a wild
25nature that is normally found in the wild and that is not a domesticated animal.
AB514-ASA1, s. 64
1Section 64. 29.855 of the statutes is created to read:
AB514-ASA1,14,5 229.855 Regulation of captive wild animals. (1) Scope and applicability.
3The department shall promulgate rules establishing the scope and applicability of
4regulations regarding captive wild animals. The rules shall include all of the
5following:
AB514-ASA1,14,66 (a) Determination of the wild animals subject to regulation.
AB514-ASA1,14,87 (b) Applicability of the rules to individuals, classes of individuals,
8organizations, local governmental units and state agencies.
AB514-ASA1,14,99 (c) Provisions for variances and exceptions from regulation.
AB514-ASA1,14,1110 (d) Provisions for cooperative regulation with the department of agriculture,
11trade and consumer protection.
AB514-ASA1,14,1212 (e) Requirements for meeting standards established by federal law.
AB514-ASA1,14,15 13(2) Possession of captive wild animals. The department shall promulgate
14rules applicable to possessing captive wild animals. The rules shall include all of the
15following:
AB514-ASA1,14,1716 (a) Prohibition against possessing wild animals without a license or without
17specific authority granted by rules promulgated under this section.
AB514-ASA1,14,1818 (b) Provisions regarding how wild animals may be obtained.
AB514-ASA1,14,1919 (c) Requirements for segregating wild animals and domesticated animals.
AB514-ASA1,14,2020 (d) Authority for temporarily possessing wild animals.
AB514-ASA1,14,2321 (e) Restrictions applicable to diseased wild animals and wild animals exposed
22to disease, including quarantine requirements, health certifications prior to
23movement or release and other restrictions on movement.
AB514-ASA1,14,2424 (f) Standards for the humane care and housing of wild animals.
AB514-ASA1,15,2
1(g) Tagging and marking requirements for wild animals and the carcasses of
2wild animals.
AB514-ASA1,15,43 (h) Conditions for possessing wild animals under the authority of another
4state, province or country.
AB514-ASA1,15,65 (i) Authority and standards for and limitations on the propagation,
6introduction, stocking and release of wild animals.
AB514-ASA1, s. 65 7Section 65. 29.857 of the statutes is created to read:
AB514-ASA1,15,10 829.857 Licenses for captive wild animals. The department shall
9promulgate rules establishing requirements for the licensing of persons who possess
10wild animals. The rules shall include all of the following:
AB514-ASA1,15,12 11(1) A system of licenses based on the type of wild animal being possessed and
12the authorized purpose for possessing the wild animal.
AB514-ASA1,15,14 13(2) Qualifications of the individual or organization required in order to possess
14the wild animal.
AB514-ASA1,15,15 15(3) Actions authorized by a license and limitations on a license.
AB514-ASA1,15,17 16(4) Provisions for variances and exemptions from licenses and for temporary
17licenses.
AB514-ASA1,15,19 18(5) For individuals, specific requirements based on their age and whether they
19are residents.
AB514-ASA1,15,20 20(6) Requirements for record keeping and reports.
AB514-ASA1,15,21 21(7) Duration of licenses.
AB514-ASA1,15,22 22(8) Fees.
AB514-ASA1, s. 66 23Section 66. 29.859 of the statutes is created to read:
AB514-ASA1,16,2 2429.859 Selling and purchasing wild animals. The department shall
25promulgate rules establishing requirements applicable to selling and purchasing

1wild animals and the carcasses of wild animals. The rules shall include all of the
2following:
AB514-ASA1,16,4 3(1) Specification of the persons or license holders who are authorized to sell or
4purchase wild animals.
AB514-ASA1,16,5 5(2) Regulations that are applicable to auctions and markets.
AB514-ASA1,16,6 6(3) Tagging and labeling requirements.
AB514-ASA1,16,7 7(4) Inspection requirements.
AB514-ASA1, s. 67 8Section 67. 29.861 of the statutes is created to read:
AB514-ASA1,16,11 929.861 Hunting of captive wild animals. (1) Prohibition; generally. No
10person may hunt a captive wild animal except as authorized by rule by the
11department.
AB514-ASA1,16,14 12(2) Prohibition; commercial hunting. No person may sell or offer to sell or
13purchase or offer to purchase the opportunity to hunt any wild animal that is or has
14been captive except as authorized by rule by the department.
AB514-ASA1, s. 68 15Section 68. 29.863 of the statutes is created to read:
AB514-ASA1,16,20 1629.863 Endangered and threatened species. No person may take from the
17wild, introduce, stock, release into the wild, exhibit, propagate, rehabilitate, hunt,
18trap, kill, sell, purchase, transfer or engage in any other activity related to a live wild
19animal that is a threatened or endangered species unless the person is in compliance
20with s. 29.415.
AB514-ASA1, s. 69 21Section 69. 29.865 of the statutes is created to read:
AB514-ASA1,17,2 2229.865 Damages for taking wild animals. A person who hunts, traps, kills
23or takes from the wild a wild animal subject to this chapter on land subject to a license
24issued under s. 29.857 without the permission of the license holder or of the holder's
25employe or agent is liable to the license holder for any damage that the person causes

1to any wild animal that is subject to the license or to any property or land that is
2subject to the license.
AB514-ASA1, s. 70 3Section 70. 29.867 of the statutes is created to read:
AB514-ASA1,17,8 429.867 Local ordinances. (1) Strict conformity; exception. (a) A city,
5village, town or county may enact and enforce an ordinance relating to possessing or
6selling live wild animals. Except as provided in par. (b), the ordinance shall be in
7strict conformity with ss. 29.853 to 29.871 and the rules promulgated under ss.
829.853 to 29.871.
AB514-ASA1,17,99 (b) An ordinance enacted under this section may do any of the following:
AB514-ASA1,17,1110 1. Prohibit any person or certain groups of persons from possessing certain
11types of live captive wild animals.
AB514-ASA1,17,1312 2. Prohibit any person or certain groups of persons from selling certain types
13of live captive wild animals.
AB514-ASA1,17,25 14(2) Department approval. The department shall review and shall approve or
15disapprove any ordinance proposed to be enacted under sub. (1) (b). The department
16shall disapprove a proposed ordinance if it determines that the ordinance fails to
17comply with the requirements under sub. (1). The city, village, town or county clerk
18shall submit the proposed ordinance in writing to the department at least 60 days
19before final action on the ordinance by the city, village, town or county. No later than
2020 days after receipt by the department of the proposed ordinance, the department
21shall notify the clerk of the city, village, town or county in writing of the department's
22decision whether to approve or disapprove the ordinance. If the department
23disapproves the proposed ordinance, the written notification shall include a written
24decision giving the grounds for the disapproval and suggesting any changes in the
25ordinance that would result in the ordinance being approved by the department.
AB514-ASA1, s. 71
1Section 71. 29.869 of the statutes is created to read:
AB514-ASA1,18,6 229.869 Seizure of captive wild animals. The department may determine
3by rule the conditions under which the department will seize captive wild animals,
4including any wild animal involved in a violation of ss. 29.853 to 29.871 or any rule
5promulgated under ss. 29.853 to 29.871, a dead or diseased wild animal, an escaped
6wild animal or a wild animal held in an inhumane manner.
AB514-ASA1, s. 72 7Section 72. 29.871 of the statutes is created to read:
AB514-ASA1,18,12 829.871 Inspections. (1) Departmental authority. For purposes of enforcing
9ss. 29.853 to 29.869 and the rules promulgated under ss. 29.853 to 29.869, a
10conservation warden or representative of the department, upon presenting his or her
11credentials to a person who possesses or has possessed wild animals, may do any of
12the following:
AB514-ASA1,18,1513 (a) Enter and inspect any land, vehicle, building or other structure where live
14wild animals are possessed or have been possessed or where carcasses of wild
15animals are possessed or have been possessed.
AB514-ASA1,18,1716 (b) Inspect any equipment, materials or other activities related to the wild
17animals.
AB514-ASA1,18,1918 (c) Gain access to and inspect any records concerning the wild animals required
19to be kept.
AB514-ASA1,18,2320 (d) Investigate and inspect any wild animal or any other animal to be
21introduced, stocked or released into the wild. Inspection under sub. (1) (d) may
22include the removal of reasonable diagnostic samples from wild animals for
23biological examination.
AB514-ASA1,18,25 24(2) Times for inspections. An inspection authorized under sub. (1) or (4) may
25be conducted during any of the following times:
AB514-ASA1,19,1
1(a) Normal business hours.
AB514-ASA1,19,32 (b) During the time that the person who possesses or has possessed wild
3animals is conducting business.
AB514-ASA1,19,44 (c) At any time, if the inspection is necessary for public health, safety or welfare.
AB514-ASA1,19,8 5(3) Prohibiting inspections. No person holding a license issued under s.
629.855, 29.857 or 29.859 or an operator of a vehicle for such a person, or employe or
7person acting on behalf of such a person, may prohibit entry as authorized under this
8section unless a court restrains or enjoins the entry or inspection.
AB514-ASA1,19,11 9(4) Inspections of introduced or stocked animals. Only persons determined
10by the department to be experienced in wildlife disease may remove diagnostic
11samples and diagnose diseases under sub. (1) (d).
AB514-ASA1,19,14 12(5) Taxidermists. For an inspection of a taxidermist's place of business, this
13section does not apply and the department shall conduct the inspection as authorized
14under s. 29.136 (7).
AB514-ASA1, s. 73 15Section 73. 29.99 (9g) of the statutes is created to read:
AB514-ASA1,19,1816 29.99 (9g) For the violation of any quarantine requirement promulgated under
17s. 29.855 (2) (e) or any quarantine order issued by the department, by a forfeiture of
18not more than $1,000.
AB514-ASA1, s. 74 19Section 74. 895.57 (3) of the statutes, as affected by 1997 Wisconsin Act 27,
20is amended to read:
AB514-ASA1,20,221 895.57 (3) Subsection (2) does not apply to any humane officer, local health
22officer, peace officer, employe of the department of natural resources while on any
23land licensed under s. 29.573, 29.574, 29.575 or 29.578 29.857 or designated as a
24wildlife refuge under s. 29.57 (1) or employe of the department of agriculture, trade

1and consumer protection if the officer's or employe's acts are in good faith and in an
2apparently authorized and reasonable fulfillment of his or her duties.
AB514-ASA1, s. 75 3Section 75. 943.75 (3) of the statutes, as affected by 1997 Wisconsin Act 27,
4is amended to read:
AB514-ASA1,20,125 943.75 (3) Subsection (2) does not apply to any humane officer, local health
6officer, peace officer, employe of the department of natural resources while on any
7land licensed under s. 29.573, 29.574, 29.575 or 29.578 29.857 or designated as a
8wildlife refuge under s. 29.57 (1) or employe of the department of agriculture, trade
9and consumer protection if the officer's or employe's acts are in good faith and in an
10apparently authorized and reasonable fulfillment of his or her duties. This
11subsection does not limit any other person from claiming the defense of privilege
12under s. 939.45 (3).
AB514-ASA1, s. 76 13Section 76. 951.01 (1m) of the statutes is created to read:
AB514-ASA1,20,1414 951.01 (1m) "Conservation warden" means a warden appointed under s. 23.10.
AB514-ASA1, s. 77 15Section 77. 951.015 of the statutes is amended to read:
AB514-ASA1,20,21 16951.015 Construction and application. This chapter shall not be
17interpreted as controverting any law regulating wild animals subject to regulation
18under ss. 29.853 to 29.871,
the taking of game as defined in s. 29.01 (4) to (7) and (10),
19the trapping of
wild animals, the use of live animals in dog trials or in the training
20of hunting dogs
under ch. 29, or the slaughter of animals by persons acting under
21state or federal law.
AB514-ASA1, s. 78 22Section 78. 951.09 of the statutes is amended to read:
AB514-ASA1,21,6 23951.09 (title) Shooting at caged or staked domesticated animals. No
24person may instigate, promote, aid or abet as a principal, agent, employe, participant
25or spectator, or participate in the earnings from, or intentionally maintain or allow

1any place to be used for the shooting, killing or wounding with a firearm or any deadly
2weapon, any domesticated animal, as defined in s. 29.853 (3), that is tied, staked out,
3caged or otherwise intentionally confined in a man-made enclosure, regardless of
4size. Nothing in this section prohibits the shooting of any wild game in its wild state
5or the shooting of game birds and waterfowl at licensed game farms or licensed
6shooting preserves.
AB514-ASA1, s. 79 7Section 79. 951.15 (5) of the statutes is created to read:
AB514-ASA1,21,108 951.15 (5) For purposes of enforcing this chapter as to wild animals subject to
9regulation under ss. 29.853 to 29.871, a conservation warden has the same powers
10and duties that a law enforcement officer has under this section.
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