AB514: Bill Text Engrossed

AB514-engrossed,17,21 (c) 1. For any type of native wild reptile or native wild amphibian, other than a wild reptile or wild amphibian subject to par. (a), a person may take from the wild or possess more than 5 of that type of wild reptile or wild amphibian if permission has been granted to the person by the department.

AB514-engrossed,17,24 2. A request for permission under subd. 1. shall be in writing and shall include the name of the species, the number of wild reptiles or wild amphibians, the location of the proposed taking and the reason for the proposed possession.

AB514-engrossed,18,4 3. The natural resources board shall create a council under s. 15.04 (1) (c) to review requests for permission under subd. 1. The council shall make recommendations to the department to assist the department in deciding whether it will grant the permission.

AB514-engrossed,18,7 (3) Possession of frogs. A person using frogs for bait while fishing may take from the wild, possess and kill more than 5 frogs, but may not possess more than 5 of any subspecies of frog for more than 24 hours.

AB514-engrossed,18,9 (4) Restrictions of sales. No person may sell live native wild reptiles or live native wild amphibians except for the following:

AB514-engrossed,18,12 (a) Color variants of these wild reptiles and wild amphibians that have been bred in captivity and have coloration that is clearly distinct from the normal morphological color patterns.

AB514-engrossed,18,15 (b) Snapping turtles, painted turtles, leopard frogs, mud puppies and tiger salamanders that are sold under the authorization of a Class A captive wild animal farm license.

AB514-engrossed,18,17 (5) Exemption for certain institutions. Any of the following is exempt from the requirements under this section:

AB514-engrossed,18,18 (a) Public zoos or aquariums.

AB514-engrossed,18,19 (b) Circuses and the Circus World Museum located in Baraboo, Wisconsin.

AB514-engrossed,18,20 (c) The department.

AB514-engrossed,18,23 (6) Exemption for veterinarians. (a) Veterinarians are exempt from subs. (1) and (2) for the purpose of providing medical treatment to native wild reptiles and native wild amphibians.

AB514-engrossed,18,24 (b) For purposes of par. (a), "medical treatment" does not include rehabilitation.

AB514-engrossed,19,3 (7) Inapplicability to certain wild animals. This section does not authorize the possessing, taking or selling of reptiles or amphibians that are environmentally injurious wild animals.

AB514-engrossed,19,8 22.13 Sale and purchase of white-tailed deer for venison. (1) Requirements for live deer. (a) No person may sell a live white-tailed deer to be processed for venison meat or products except as authorized under a deer farm license. No person may sell a live white-tailed deer to be processed for venison meat or products without first attaching a deer farm shipping tag to the body.

AB514-engrossed,19,10 (b) No person may purchase a live white-tailed deer to be processed for venison meat or products unless all of the following apply:

AB514-engrossed,19,12 1. The person operates an establishment licensed under s. 97.42 or for which inspection is granted under 9 CFR part 304.

AB514-engrossed,19,13 2. The person holds a white-tailed deer venison sales license.

AB514-engrossed,19,15 3. The deer originated from a deer farm and has a deer farm shipping tag attached to its body.

AB514-engrossed,19,17 (2) Requirements for carcasses. No person may sell venison meat or process venison products from captive white-tailed deer unless all of the following apply:

AB514-engrossed,19,19 (a) The person operates an establishment licensed under s. 97.42 or for which inspection is granted under 9 CFR part 304.

AB514-engrossed,19,20 (b) The person holds a white-tailed deer venison sales license.

AB514-engrossed,19,21 (c) The white-tailed deer originated from a deer farm.

AB514-engrossed,19,25 (d) Each individual package of white-tailed deer venison that the person processes and sells contains the license number of the deer farm from which the white-tailed deer originated and the label clearly states that the venison is from a licensed deer farm.

AB514-engrossed,20,3 (3) Consumer sales. No person may sell venison from white-tailed deer to a consumer, or purchase such venison for resale to a consumer, unless the venison is labeled as required under sub. (2) (d) and the venison came from one of the following:

AB514-engrossed,20,5 (a) An establishment licensed under s. 97.42 or for which inspection is granted under 9 CFR part 304.

AB514-engrossed,20,6 (b) A meat broker or meat distributor registered under s. 97.42.

AB514-engrossed,20,9 22.14 Carcasses of captive wild animals. (1) Restrictions on sales and purchases. (a) No person may sell the carcass of any captive wild animal unless the seller provides to the purchaser written proof of origin.

AB514-engrossed,20,12 (b) No person may purchase or possess the carcass of any captive wild animal unless the purchaser maintains written proof of origin during the time the purchaser possesses the carcass.

AB514-engrossed,20,14 (c) No person may sell or purchase the carcass, except for the hide, of a bear that was a captive wild animal.

AB514-engrossed,20,17 (d) No person may preserve and mount a carcass of a captive wild animal for consideration unless that person holds a valid taxidermy permit issued under s. 29.136.

AB514-engrossed,20,22 (2) Tagging requirements for captive wild animal farms. (a) A person killing a wild animal under the authority of a captive wild animal farm license shall tag the carcass in the manner required by the department before removing the carcass from the farm. No person may remove the tag from the carcass except as provided in par. (b).

AB514-engrossed,21,2 (b) A person acquiring a carcass tagged under par. (a) that is to be consumed for food may remove the tag at the time the carcass is prepared for final consumption. The person shall keep the tag in evidence until the carcass is consumed or otherwise disposed of.

AB514-engrossed,21,5 (c) For purposes of pars. (a) and (b), for the carcasses of wild reptiles and wild amphibians, a person need not tag each carcass, but shall tag each shipment in the manner required by the department.

AB514-engrossed,21,7 (3) Inapplicability to certain carcasses. (a) Subsections (1) and (2) do not apply to the raw fur or dressed fur of fur-bearing wild animals.

AB514-engrossed,21,9 (b) Subsection (1) (a) and (b) does not apply to white-tailed deer that is to be processed into venison.

AB514-engrossed,21,11 (c) The selling, purchasing or possessing of carcasses of endangered or threatened species is subject to s. 29.415 and not to this section.

AB514-engrossed,21,16 22.15 Captive wild animal farm licenses. (1) Issuance. (a) The department shall issue a Class A captive wild animal farm license to operate a captive wild animal farm that grosses $10,000 or more in annual sales to any qualified person who files a proper application for the license and who pays the applicable fee.

AB514-engrossed,21,20 (b) The department shall issue a Class B captive wild animal farm license to operate a captive wild animal farm that grosses less than $10,000 in annual sales to any qualified person who files a proper application for the license and who pays the applicable fee.

AB514-engrossed,21,24 (c) The department shall issue a Class A captive wild animal farm license to any qualified person who files a proper application for the license and who pays the applicable fee to operate a captive wild animal farm that contains more than 5 of any of the following:

AB514-engrossed,21,25 1. Leopard frogs.

AB514-engrossed,22,1 2. Mud puppies.

AB514-engrossed,22,2 3. Tiger salamanders.

AB514-engrossed,22,3 4. Snapping turtles.

AB514-engrossed,22,4 5. Painted turtles.

AB514-engrossed,22,6 (d) The applicant shall specify the location of the enclosures for the wild animals on the application.

AB514-engrossed,22,9 (2) Authorization. (a) A captive wild animal farm license authorizes the holder of the license to possess, propagate, kill, exhibit, purchase and sell live captive wild animals of the types specified by the department on the license.

AB514-engrossed,22,11 (b) A captive wild animal farm license authorizes the killing of captive wild animals only by the holder of the license or an employe of the holder of the license.

AB514-engrossed,22,14 (3) Calculation of annual sales. (a) The calculation of annual sales under sub. (1) and par. (b) shall be based on sales from the prior year that involve live captive wild animals that are any of the following:

AB514-engrossed,22,15 1. Native wild animals.

AB514-engrossed,22,16 2. Nonnative wild animals of the family cervidae.

AB514-engrossed,22,17 3. Inherently dangerous wild animals.

AB514-engrossed,22,18 4. Endangered or threatened species.

AB514-engrossed,22,23 (b) For the first year that a person is issued a captive wild animal farm license, the person shall be issued a Class B captive wild animal farm license, unless the person operated a game bird and animal farm licensed under s. 29.574, 1995 stats., or a deer farm licensed under s. 29.578, 1995 stats., on the effective date of this paragraph .... [revisor inserts date], that grossed $10,000 or more in annual sales.

AB514-engrossed,23,2 (4) Control of wild animals. (a) A person holding a captive wild animal farm license shall control the wild animals at all times in the manner required by the department and shall keep the wild animals at the locations specified on the application for the license.

AB514-engrossed,23,6 (b) If any member of the family ursidae, felidae, cervidae or canidae escapes from its enclosure or fenced area on a captive wild animal farm, the person holding the captive wild animal farm license shall notify the department within 24 hours after the escape.

AB514-engrossed,23,9 (5) Rules. The department may promulgate rules to establish additional standards, limitations and requirements for captive wild animal farm licenses and for captive wild animal farms, including fencing of the farms.

AB514-engrossed,23,13 22.16 Deer farm license. (1) Issuance. The department shall issue a deer farm license to any qualified person who files a proper application for the license and who pays the applicable fee. The applicant shall specify the locations of the enclosures for the deer on the application.

AB514-engrossed,23,15 (2) Authorization. (b) A deer farm license authorizes the holder of the license to do any of the following:

AB514-engrossed,23,16 1. Possess, propagate, purchase, sell and exhibit live captive white-tailed deer.

AB514-engrossed,23,18 2. Sell or offer to sell the opportunity to hunt live white-tailed deer within the boundaries of the deer farm.

AB514-engrossed,23,20 (c) A person holding a deer farm license shall attach a deer shipping tag to any live white-tailed deer before selling the deer to be processed for venison.

AB514-engrossed,23,24 (3) Exemption from hunting restrictions. A person hunting white-tailed deer on a deer farm is exempt from having any hunting approval issued under ch. 29 and is exempt from any closed season restrictions, bag limits or other conditions or restrictions established by the department under s. 29.174.

AB514-engrossed,24,3 (4) Control of deer. (a) A person holding a deer farm license shall control the deer at all times in the manner required by the department and shall keep the deer at the locations specified on the application for the license.

AB514-engrossed,24,6 (b) If any deer escapes from its enclosure or fenced area on a deer farm, the person holding the deer farm license shall notify the department within 24 hours after the escape.

AB514-engrossed,24,9 (5) Rules. The department may promulgate rules to establish additional standards, limitations and requirements for deer farm licenses and for deer farms, including fencing of the farms.

AB514-engrossed,24,12 22.17 White-tailed deer venison sales license. (1) Application. The department shall issue a white-tailed deer venison sales license to any qualified person who files a proper application for the license and who pays the applicable fee.

AB514-engrossed,24,15 (2) Authorization. (a) A white-tailed deer venison sales license authorizes the holder of the license to sell, purchase and process venison from white-tailed deer that originates from a deer farm.

AB514-engrossed,24,18 (3) Rules. The department may promulgate rules to establish additional standards, limitations and requirements for white-tailed venison sales licenses and for the premises at which venison from white-tailed deer is processed.

AB514-engrossed,24,21 22.18 Wild fur farm license. (1) Issuance. The department shall issue a wild fur farm license to any qualified person who files a proper application and who pays the applicable fee.

AB514-engrossed,24,23 (2) Authorization; limitations. (a) A wild fur farm license authorizes all of the following:

AB514-engrossed,24,25 1. The holder of the license to possess and propagate live muskrat, beaver, raccoon, otter and mink on the land subject to the license.

AB514-engrossed,25,3 2. The holder of the license and other persons authorized by the holder to take the live fur-bearing wild animals specified in subd. 1. or kill by trapping the fur-bearing wild animals specified in subd. 1.

AB514-engrossed,25,5 3. The holder of the license to sell the live fur-bearing wild animals specified in subd. 1. to persons authorized to possess the fur-bearing wild animals.

AB514-engrossed,25,7 (b) Section 29.134 shall apply to the possession and selling of the raw furs and dressed furs of the fur-bearing wild animals specified in par. (a) 1.

AB514-engrossed,25,9 (c) The number of otter that are taken or killed may not exceed the quota established by rule by the department under sub. (5) (a).

AB514-engrossed,25,11 (3) Eligible land. (a) Except as provided in par. (b), a wild fur farm licensed under this section shall be in a single parcel and may not exceed 640 acres.

AB514-engrossed,25,15 (b) Upon the request of the applicant for a license under this section, the department shall issue a single license for a wild fur farm that does not meet all of the requirements of par. (a) if the wild fur farm is licensed as a fur animal farm under s. 29.575, 1995 stats., on the effective date of this paragraph .... [revisor inserts date].

AB514-engrossed,25,20 (4) Exemption from trapping restrictions. Except as provided in sub. (2) (c), a person trapping fur-bearing wild animals on a wild fur farm is exempt from having any trapping approval issued under ch. 29 and is exempt from any closed season restrictions, bag limits or other conditions or restrictions established by the department under s. 29.174.

AB514-engrossed,25,22 (5) Rules. (a) The department shall promulgate by rule a quota for taking, or killing by trapping, otter for purposes of this section.

AB514-engrossed,25,24 (b) The department shall promulgate rules for the purpose of determining whether a piece of land qualifies as a single parcel under sub. (3).

AB514-engrossed,26,2 (c) The department may promulgate rules to establish additional standards, limitations and requirements for wild fur farm licenses and for wild fur farms.

AB514-engrossed,26,5 22.19 Bird hunting preserve licenses. (1) Issuance. The department shall issue a Class A or a Class B bird hunting preserve license to any qualified person who files a proper application and who pays the applicable fee.

AB514-engrossed,26,7 (2) Authorization. (a) A Class A or a Class B bird hunting preserve license authorizes all of the following:

AB514-engrossed,26,10 1. Possessing, stocking, propagating, releasing into the wild, selling and purchasing of live wild birds of the species authorized under par. (b) by the holder of the license.

AB514-engrossed,26,13 2. Hunting or taking of released wild birds of those species that have been stocked in the preserve by the holder of the license and other persons authorized by the holder.

AB514-engrossed,26,15 (b) The department may authorize only one or more of the following species of live wild birds under a Class A or a Class B bird hunting preserve license:

AB514-engrossed,26,17 1. Pheasants of the species Phasianus colchicus or the species Syrmaticus reevesii.

AB514-engrossed,26,18 2. Quail that are of the subfamily Odontophorinae.