Amendment ASA2-AB514

LRBs0469/1

MGG:jlg&kmg:km

1997 - 1998 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 2, TO 1997 ASSEMBLY BILL 514

February 4, 1998 - Offered by Committee on Natural Resources.

AB514-ASA2,2,2 An Act to repeal 29.092 (9), 29.093 (9), 29.255, 29.425 (title), 29.425 (1), 29.425 (2), 29.425 (3), 29.425 (4m), 29.427, 29.535, 29.54 (1), 29.55, 29.565, 29.572, 29.573, 29.574, 29.575, 29.578, 29.579, 29.585, 29.586 and 29.605; to renumber 23.51 (1) and 29.54 (2); to renumber and amend 29.41, 29.42 (2), 29.425 (4) and 29.425 (5); to amend 23.50 (1), 23.50 (3), 23.65 (1), 29.02 (2), 29.03 (8), 29.05 (8) (a), 29.05 (8) (b), 29.087 (1), 29.09 (1), 29.092 (15) (a), 29.092 (15) (f), 29.1025 (1) (c), 29.136 (4), 29.245 (5) (b) 3., 29.40 (2), 29.40 (6), 29.42 (1), 29.43 (5) (b), 29.44 (3), 29.45 (6), 29.46 (5), 29.49 (3), 29.54 (title), 29.583 (1), 29.59 (1) (f), 29.598 (1) (intro.), 29.645, 29.65 (1) (intro.), 895.57 (3), 943.75 (3), 951.015, 951.09, 951.16, 951.18 (4) (a) 2. and 951.18 (4) (b) 1.; and to create 23.51 (1d), 23.51 (9m), 29.02 (1m), 29.41 (2), 29.42 (2) (b), 29.42 (5), 29.853, 29.855, 29.857, 29.859, 29.861, 29.863, 29.865, 29.867, 29.869, 29.871, 29.99 (9g), 951.01 (1m) and 951.15 (5) of the statutes; relating to: the possession of wild animals and granting rule-making authority.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB514-ASA2, s. 1 Section 1. 23.50 (1) of the statutes, as affected by 1997 Wisconsin Act 35, is amended to read:

AB514-ASA2,2,17 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, 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 and of ch. 350, and any administrative rules promulgated thereunder, 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.

AB514-ASA2, s. 2 Section 2. 23.50 (3) of the statutes is amended to read:

AB514-ASA2,3,3 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.

AB514-ASA2, s. 3 Section 3. 23.51 (1) of the statutes is renumbered 23.51 (1m).

AB514-ASA2, s. 4 Section 4. 23.51 (1d) of the statutes is created to read:

AB514-ASA2,3,6 23.51 (1d) "Captive" has the meaning given in s. 29.853 (2).

AB514-ASA2, s. 5 Section 5. 23.51 (9m) of the statutes is created to read:

AB514-ASA2,3,8 23.51 (9m) "Wild animal" has the meaning given in s. 29.853 (9).

AB514-ASA2, s. 6 Section 6. 23.65 (1) of the statutes, as affected by 1997 Wisconsin Act 35, is amended to read:

AB514-ASA2,3,16 23.65 (1) When it appears to the district attorney that a violation of s. 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 or 350, or any administrative rule promulgated pursuant thereto, or a violation of ch. 951, if the animal is a captive wild animal, has been committed the district attorney may proceed by complaint and summons.

AB514-ASA2, s. 7 Section 7. 29.02 (1m) of the statutes is created to read:

AB514-ASA2,3,23 29.02 (1m) The department may provide that legal title to a live captive wild animal or the carcass of a captive wild animal is vested in the person who possesses the wild animal. The department may determine the conditions that must be met by a person who has title to a captive wild animal, the authority of a person to transfer title to a captive wild animal to another person and the authority of a person to kill or have killed a captive wild animal.

AB514-ASA2, s. 8 Section 8. 29.02 (2) of the statutes is amended to read:

AB514-ASA2,4,8 29.02 (2) The legal title to any such wild animal, or carcass or part thereof, taken, possessed or reduced to possession in violation of this chapter, remains in the state; and the title to any such wild animal, or carcass or part thereof, lawfully acquired, is subject to the condition that upon the violation of this chapter relating to the possession, use, giving, sale, barter or transportation of such wild animal, or carcass or part thereof, by the holder of such title, the same shall revert, as a result of the violation, to the state. In either case, any such wild animal, or carcass or part thereof, may be seized forthwith, wherever found, by the department or its wardens.

AB514-ASA2, s. 9 Section 9. 29.03 (8) of the statutes is amended to read:

AB514-ASA2,4,12 29.03 (8) Any dog found running deer, except farm-raised deer or deer subject to regulation under ss. 29.853 to 29.871, at any time, or used in violation of this chapter.

AB514-ASA2, s. 10 Section 10. 29.05 (8) (a) of the statutes is amended to read:

AB514-ASA2,5,4 29.05 (8) (a) The department and its wardens shall seize and hold subject to the order of the court for the county in which the alleged offense was committed, any apparatus, appliance, equipment, vehicle or device, declared by this chapter to be a public nuisance, which they have probable cause to believe is being used in violation of this chapter, an administrative rule promulgated under this chapter or s. 167.31, 287.81, 940.24, 941.20, 948.60, 948.605 or 948.61, is being used in the commission of a crime involving an animal normally found in the wild in violation of s. 951.09 or is being used in the commission of a crime relating to a submerged cultural resource in violation of s. 44.47. If it is proven that within 6 months previous to the seizure the apparatus, appliance, equipment, vehicle or device was used in violation of this chapter or an administrative rule promulgated under this chapter or s. 167.31, 287.81, 940.24, 941.20, 948.60, 948.605 or 948.61, was used in the commission of a crime involving an animal normally found in the wild in violation of s. 951.09 or was used in the commission of a crime relating to a submerged cultural resource in violation of s. 44.47, it shall be confiscated if the court directs in its order for judgment.

AB514-ASA2, s. 11 Section 11. 29.05 (8) (b) of the statutes is amended to read:

AB514-ASA2,5,14 29.05 (8) (b) Any perishable property seized by the department or its wardens may be sold at the highest available price, and the proceeds of the sale turned into court to await disposition of the proceeds as the court directs. A conservation warden or other officers charged with the enforcement of the laws dealing with the conservation of the natural resources of the state may kill a dog found running, injuring, causing injury to, or killing any deer, other than farm-raised deer or deer subject to regulation under ss. 29.853 to 29.871, or destroying game birds, their eggs or nests, if immediate action is necessary to protect the deer or game birds, their nests or eggs, from injury or death.

AB514-ASA2, s. 12 Section 12. 29.087 (1) of the statutes, as affected by 1997 Wisconsin Act 27, section 967n, is amended to read:

AB514-ASA2,5,22 29.087 (1) Beginning on January 1, 1998, the department may not enter into any agreement to make payments to persons holding approvals issued under s. 29.134, 29.135, 29.136, 29.137, 29.165, 29.166, 29.17, 29.33, 29.34, 29.343, 29.344, 29.36, 29.37, 29.38, 29.544, 29.547, 29.573, 29.574, 29.575, 29.578 or 29.585 29.855, 29.857 or 29.859 in exchange for the retirement of the approval or for the temporary or permanent cessation of any activity authorized under the approval.

AB514-ASA2, s. 13 Section 13. 29.09 (1) of the statutes is amended to read:

AB514-ASA2,6,7 29.09 (1) License or other approval required for hunting, trapping or fishing. Except as specifically provided otherwise by s. ss. 29.155 (1g) and (1h) and 29.853 to 29.871 or another section of this chapter, no person may hunt any wild animal, trap any game or fish for fish in the waters of this state 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 unless otherwise required by another section of 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.

AB514-ASA2, s. 14 Section 14. 29.092 (9) of the statutes is repealed.

AB514-ASA2, s. 15 Section 15. 29.092 (15) (a) of the statutes is amended to read:

AB514-ASA2,6,13 29.092 (15) (a) Issuing fee generally. In addition to the fees specified for licenses and stamps under subs. (2) to (9) (8m), (11) and (13) and any surcharge fee imposed under sub. (14), a person who applies for a license or stamp or for a duplicate license or stamp issued under this chapter shall pay an issuing fee.

AB514-ASA2, s. 16 Section 16. 29.092 (15) (f) of the statutes is amended to read:

AB514-ASA2,6,18 29.092 (15) (f) Addition of issuing fee to be shown with license or stamp fee as one amount. The issuing fee shall be added to the fee provided in subs. (2) to (9) (8m), (11) and (13) and any surcharge fee imposed under sub. (14). Any amount shown on the printed license form or stamp shall be the total of the issuing fee and other fees.

AB514-ASA2, s. 17 Section 17. 29.093 (9) of the statutes is repealed.

AB514-ASA2, s. 18 Section 18. 29.1025 (1) (c) of the statutes is amended to read:

AB514-ASA2,6,22 29.1025 (1) (c) Any person hunting pheasant under s. 29.123 or on premises licensed under s. 29.573 is exempt from the requirements under par. (a).

AB514-ASA2, s. 19 Section 19. 29.136 (4) of the statutes is amended to read:

AB514-ASA2,7,8 29.136 (4) Authorization. Subject to this section and rules promulgated under this section, a taxidermist permit authorizes the permit holder to possess and transport wild animals or carcasses of wild animals in connection with his or her business. This authority supersedes restrictions on the possession and transportation of wild animals and carcasses regardless of bag limits, rest days, closed seasons and similar restrictions, notwithstanding s. 29.174 and rules promulgated by the department under that section carcasses of wild animals under this chapter and under any rules promulgated under this chapter. Subject to this section and rules promulgated under this section, a taxidermist permit entitles the permit holder to the same privileges as a Class A fur dealer's license.

AB514-ASA2, s. 20 Section 20. 29.245 (5) (b) 3. of the statutes is amended to read:

AB514-ASA2,7,13 29.245 (5) (b) 3. To a person who possesses a flashlight or who uses a flashlight while if the person is on foot and training a dog to track or hunt raccoons, foxes or other unprotected wild animals and if the raccoons, foxes or other wild animals are not subject to regulation under ss. 29.853 to 29.871.

AB514-ASA2, s. 21 Section 21. 29.255 of the statutes is repealed.

AB514-ASA2, s. 22 Section 22. 29.40 (2) of the statutes is amended to read:

AB514-ASA2,7,21 29.40 (2) Deer tags. Except as provided under sub. (5) and s. 29.405 (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. 29.578 (7), (8) or (14), no person may possess, control, store or transport a deer carcass unless it is tagged as required under this subsection.

AB514-ASA2, s. 23 Section 23. 29.40 (6) of the statutes is amended to read:

AB514-ASA2,7,24 29.40 (6) (title) Farm-raised deer Deer. This section does not apply to farm-raised deer or deer that are subject to regulation under ss. 29.853 to 29.871.

AB514-ASA2, s. 24 Section 24. 29.41 of the statutes is renumbered 29.41 (1), and 29.41 (1) (c), as renumbered, is amended to read:

AB514-ASA2,8,9 29.41 (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 scientific collector permit, fur dealer license, trapping license or resident conservation patron license of current issue. No license is required for a person breeding, raising and producing domestic fur-bearing animals in captivity as defined in s. 29.579 or for a person authorized to take muskrats on a cranberry marsh under a permit issued to the person by the department.

AB514-ASA2, s. 25 Section 25. 29.41 (2) of the statutes is created to read:

AB514-ASA2,8,12 29.41 (2) Subsection (1) does not apply to the skins of fur-bearing animals that are subject to regulation under ss. 29.853 to 29.871.

AB514-ASA2, s. 26 Section 26. 29.42 (1) of the statutes is amended to read:

AB514-ASA2,8,18 29.42 (1) Approval necessary. No person, except a person who is issued a valid hunting license, sports license, a conservation patron license, taxidermist permit or scientific collector permit and who is carrying this approval on his or her person, may possess or have under his or her control any game bird, or game animal or the carcass of any game bird or game animal.

AB514-ASA2, s. 27 Section 27. 29.42 (2) of the statutes is renumbered 29.42 (2) (a) and amended to read:

AB514-ASA2,8,24 29.42 (2) (a) No Except as provided in par. (b), no person, except a person who is issued a valid scientific collector permit, may take, needlessly destroy or possess or have under his or her control the nest or eggs of any wild bird for which a closed season is prescribed under this chapter.

AB514-ASA2, s. 28 Section 28. 29.42 (2) (b) of the statutes is created to read:

AB514-ASA2,9,3 29.42 (2) (b) A person who has a valid scientific collector permit may take or possess or have under his or her control the nest of a wild bird and may destroy the nest if necessary for a scientific purpose.

AB514-ASA2, s. 29 Section 29. 29.42 (5) of the statutes is created to read:

AB514-ASA2,9,6 29.42 (5) Captive wild animals. This section does not apply to wild animals that are subject to regulation under ss. 29.853 to 29.871.

AB514-ASA2, s. 30 Section 30. 29.425 (title) of the statutes is repealed.

AB514-ASA2, s. 31 Section 31. 29.425 (1) of the statutes is repealed.

AB514-ASA2, s. 32 Section 32. 29.425 (2) of the statutes is repealed.

AB514-ASA2, s. 33 Section 33. 29.425 (3) of the statutes is repealed.

AB514-ASA2, s. 34 Section 34. 29.425 (4) of the statutes is renumbered 29.42 (1m) and amended to read:

AB514-ASA2,9,17 29.42 (1m) Hunting and trapping. A person who hunts or traps any game animal, game bird or fur-bearing animal shall kill the animal it when it is taken and make it part of the daily bag or shall release the animal it unless authorized the person has the authority to possess under s. 29.55, 29.572, 29.574, 29.575, 29.578 or 29.585 ss. 29.853 to 29.871.

AB514-ASA2, s. 35 Section 35. 29.425 (4m) of the statutes is repealed.

AB514-ASA2, s. 36 Section 36. 29.425 (5) of the statutes is renumbered 29.42 (5) and amended to read:

AB514-ASA2,9,22 29.42 (5) Penalty. A person who violates this section sub. (1m) shall forfeit not less than $100 nor more than $1,000.

AB514-ASA2, s. 37 Section 37. 29.427 of the statutes is repealed.

AB514-ASA2, s. 38 Section 38. 29.43 (5) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB514-ASA2,10,3 29.43 (5) (b) Subsections (1) to (4) do not apply to the possession, transportation, delivery or receipt of farm-raised deer or , farm-raised fish or wild animals that are subject to regulation under ss. 29.853 to 29.871.

AB514-ASA2, s. 39 Section 39. 29.44 (3) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB514-ASA2,10,8 29.44 (3) Subsection (1) does not apply to the possession, transportation, delivery or receipt of farm-raised deer or, farm-raised fish or wild animals that are subject to regulation under ss. 29.853 to 29.871.

AB514-ASA2, s. 40 Section 40. 29.45 (6) of the statutes is amended to read:

AB514-ASA2,10,12 29.45 (6) This section does not apply to the transportation of farm-raised deer or, farm-raised fish or wild animals that are subject to regulation under ss. 29.853 to 29.871.

AB514-ASA2, s. 41 Section 41. 29.46 (5) of the statutes is amended to read:

AB514-ASA2,10,18 29.46 (5) Exemption; taxidermists. Subsections (1) to (3) do not apply to a person who is issued a valid taxidermist permit and who is transporting , in connection with his or her business, the carcass of a game bird in connection with his or her business or the carcass of a wild bird that is subject to regulation under ss. 29.853 to 29.871.

AB514-ASA2, s. 42 Section 42. 29.49 (3) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB514-ASA2,10,23 29.49 (3) Exemption. This section does not apply to the meat from farm-raised deer or from farm-raised fish or to meat that is subject to regulation under ss. 29.853 to 29.871.