AB514-engrossed,52,33
4. The destination for slaughter.
AB514-engrossed,52,64
(b) Subsection (1) does not apply to a person shipping or transporting a live wild
5animal into this state to be sent directly to a veterinarian or a person holding a
6rehabilitation license for medical treatment.
AB514-engrossed,52,97
(c) The department may grant an exception from the requirement of having the
8wild animal accompanied by a valid interstate health certificate or valid certificate
9of veterinary inspection issued by a veterinarian if any of the following applies:
AB514-engrossed,52,1110
1. Any required testing for disease has been conducted and the results are
11pending.
AB514-engrossed,52,1312
2. The department authorizes that the required testing for disease be
13conducted at the point of destination within this state.
AB514-engrossed,52,1614
(d) For an exception under par. (c) that involves testing for a disease that is
15transmissible to domesticated animals, the department of agriculture, trade and
16consumer protection shall also authorize the exception.
AB514-engrossed,52,19
1722.36 Humane care and housing. (1) Compliance with rules. No license
18may be issued under this chapter unless the department determines that the
19applicant will comply with all of the rules promulgated under subs. (2) and (3).
AB514-engrossed,52,22
20(2) Rules; general. The department shall promulgate and enforce rules for the
21housing, care, treatment, feeding and sanitation of wild animals subject to this
22chapter to ensure all of the following:
AB514-engrossed,52,2323
(a) That the wild animals receive humane treatment.
AB514-engrossed,52,2424
(b) That the wild animals are held under sanitary conditions.
AB514-engrossed,52,2525
(c) That the wild animals receive adequate housing, care and food.
AB514-engrossed,53,1
1(d) The public is protected from injury by the wild animals.
AB514-engrossed,53,8
2(3) Rules; housing. The rules for housing under sub. (2) shall include
3requirements for the size and location of permanent enclosures and of temporary
4enclosures at locations other than those where the wild animals are permanently
5housed. The rules regulating the location of enclosures shall include the distance
6required between 2 enclosures. The rules for housing shall include specifications for
7enclosures for each type of inherently dangerous wild animal that the department
8designates under s. 22.11 (1).
AB514-engrossed,53,11
9(4) Orders. (a) The department may issue an order requiring any person
10holding a license under this chapter to comply with the rules promulgated under sub.
11(2).
AB514-engrossed,53,1312
(b) Any person who fails to comply with an order issued under par. (a) within
1310 days after its issuance will be subject to penalties provided in s. 22.42.
AB514-engrossed,53,20
14(5) Free-roaming wild animals. A person holding a captive wild animal farm
15license or a deer farm license shall make a reasonable effort to drive free-roaming
16wild animals from land subject to the license that will be enclosed before the land is
17enclosed. If any white-tailed deer remain in the boundaries of a deer farm fence, the
18department may authorize the hunting of those deer. A person holding a deer farm
19license shall pay the department $250 for each white-tailed deer remaining within
20the boundaries.
AB514-engrossed,53,23
2122.37 Prohibited activities; trespassing. (1) Diseased wild animals. (a)
22No person may sell, lease, transfer, move from one location to another, release or
23dispose of any wild animal if any of the following applies:
AB514-engrossed,53,2524
1. The wild animal is under a quarantine order and the department issuing the
25order does not authorize the sale, lease, transfer, move or disposal.
AB514-engrossed,54,1
12. Testing for disease has been conducted and the results are pending.
AB514-engrossed,54,62
3. The person knows that the wild animal has been exposed to or has been
3infected with a contagious or infectious disease as defined under rules promulgated
4by the department of agriculture, trade and consumer protection under s. 95.001 (2),
5or a reportable disease as designated by the department of natural resources under
6s. 22.41 (2).
AB514-engrossed,54,77
(b) No person may misrepresent the disease status of any wild animal.
AB514-engrossed,54,108
(c) No person may fail to present any wild animal for any required testing for
9disease as required by the department or by the department of agriculture, trade and
10consumer protection.
AB514-engrossed,54,1211
(d) The prohibition under sub. (1) (a) 3. does not apply if results from testing
12for the disease show that the wild animal is not likely to transmit the disease.
AB514-engrossed,54,1613
(e) No veterinarian may fail to report a contagious or infectious disease, as
14defined under rules promulgated by the department of agriculture, trade and
15consumer protection under s. 95.001 (2), or a reportable disease, as designated by the
16department of natural resources under s. 22.41 (2), in a wild animal.
AB514-engrossed,54,19
17(2) Tampering; commingling. (a) No person may remove, alter or tamper in any
18way with any form of official identification on a wild animal, including any ear or
19back tag, leg band or tattoo.
AB514-engrossed,54,2120
(b)
No person may cause or permit the commingling of wild animals with
21domesticated animals, except as permitted by the department.
AB514-engrossed,55,2
22(3) Taking of wild animals. A person who hunts, traps, kills or takes a wild
23animal subject to this chapter on land subject to a license issued under this chapter
24without the permission of the license holder or of the holder's employe or agent is
1liable to the license holder for any damage that the person causes to any wild animal
2that is subject to this chapter or to any property or land that is subject to the license.
AB514-engrossed,55,7
322.38 Quarantines. (1) Summary action. (a) The department of natural
4resources or the department of agriculture, trade and consumer protection may
5summarily issue a quarantine order to control contagious, infectious or
6communicable diseases, to protect the health of wild animals and domesticated
7animals in this state and to control the possessing of wild animals in this state.
AB514-engrossed,55,98
(b) No person may move any wild animal in violation of a quarantine order or
9fail to comply with the terms and conditions of a quarantine order.
AB514-engrossed,55,13
10(2) Service of notice. No quarantine is effective until written notice of the
11quarantine is served upon any person possessing the wild
animals and on any person
12controlling the premises affected by the quarantine order. The department issuing
13the order may serve a quarantine order in any of the following ways:
AB514-engrossed,55,1414
(a) By personal service.
AB514-engrossed,55,1515
(b) By registered mail.
AB514-engrossed,55,1716
(c) By posting a copy of the order at 2 conspicuous places on the premises
17affected by the quarantine.
AB514-engrossed,55,20
18(3) Proof of service. Service of the quarantine order shall be proved by
19affidavit, except for service by registered mail. Proof of service shall be filed with the
20department.
AB514-engrossed,55,22
21(4) Contents of order. The quarantine order shall contain all of the following
22information:
AB514-engrossed,55,2323
(a) The name and address of the person affected by the quarantine.
AB514-engrossed,55,2424
(b) The identification of all wild animals affected by the quarantine.
AB514-engrossed,55,2525
(c) A description of the premises affected by the quarantine.
AB514-engrossed,56,1
1(d) The reason or justification for the quarantine.
AB514-engrossed,56,22
(e) All terms and conditions applicable to the quarantine.
AB514-engrossed,56,33
(f) Notice of the right to request a hearing to review the quarantine.
AB514-engrossed,56,6
4(5) Duration of quarantine. Quarantines shall remain in effect until a written
5notice of release is issued by the department issuing the order or until a decision
6releasing the quarantine is rendered under sub. (6).
AB514-engrossed,56,11
7(6) Review of quarantine. Any person affected by a quarantine shall be
8granted a hearing by the department issuing the order if the person requests the
9hearing within 30 days after the date of the service of the quarantine order. The
10hearing shall be treated as a contested case if the requirements of s. 227.42 (1) are
11met.
AB514-engrossed,56,13
1222.39 Disposal and removal of wild animals. (1) Disposition. The
13department may seize, dispose of or order the disposal of any of the following:
AB514-engrossed,56,1614
(a) Any animal that is possessed, taken, introduced, stocked, released,
15exhibited, propagated, rehabilitated, hunted, sold or purchased in violation of this
16chapter.
AB514-engrossed,56,2217
(b) Any dead, dying or sick wild animal that has been exposed to or is known
18to be infected with a contagious or infectious disease as defined in the rules
19promulgated by the department of agriculture, trade and consumer protection under
20s. 95.001 (2), with a reportable disease as designated by the department of natural
21resources under s. 22.41 (2) or with a disease or parasite that has pathological
22significance to humans or to any animals.
AB514-engrossed,57,223
(c) Any wild animal that has escaped and that has not been returned to its
24owner or other person authorized to possess the wild animal. The department may
25not dispose of the wild animal until 72 hours have elapsed after the escape unless
1the department determines that the wild animal poses a risk to public safety or to
2the health of other animals.
AB514-engrossed,57,33
(d) Any wild animal housed or held in an inhumane manner.
AB514-engrossed,57,10
4(2) Entry violations. The department shall notify the owner of a wild animal
5that has entered this state in violation of s. 22.35 or that is in violation of a
6quarantine order issued under s. 22.38 that the owner has an opportunity to comply
7with s. 22.35 or the quarantine order issued under s. 22.38 within a given number
8of days as specified by the department in the notice. If the owner fails to comply
9within the specified number of days, the department may seize and dispose of the
10wild animal or order the disposal of the wild animal or its removal from this state.
AB514-engrossed,57,13
11(3) Expense of disposal. The owner of a wild animal that is disposed of or
12removed by the department under this section shall reimburse the department for
13its expenses incurred in the disposal or removal.
AB514-engrossed,57,15
1422.40 Local ordinances. A city, village, town or county may enact and enforce
15an ordinance relating to possessing or selling live wild animals.
AB514-engrossed,57,18
1622.41 Rules by the department. (1)
Domesticated animals. The
17department shall promulgate rules specifying which animals are domesticated
18animals for purposes of s. 22.01 (14) (b).
AB514-engrossed,57,20
19(2) Reportable diseases. The department may promulgate rules listing
20reportable diseases for purposes of this chapter and s. 29.535.
AB514-engrossed,57,22
21(3) Introduction requirements. (a) The department may promulgate rules to
22establish the following:
AB514-engrossed,57,2423
1. Additional requirements that wild animals shall meet before they enter this
24state.
AB514-engrossed,58,2
12. Additional requirements that any animals shall meet before they may
2introduced, stocked or released into the wild.
AB514-engrossed,58,43
(b) The requirements under par. (a) may include mandatory testing of the
4animals for disease.
AB514-engrossed,58,7
5(4) Certificates. The department may promulgate rules that establish the
6information that is required for issuing, and that shall be provided on, interstate
7health certificates and certificates of veterinary inspection.
AB514-engrossed,58,10
822.42 Penalties; revocations. (1) Definition. In this section, "violation of
9this chapter" means a violation of this chapter or any rule promulgated under this
10chapter.
AB514-engrossed,58,12
11(2) Penalties. For a violation of this chapter, a person shall be subject to a
12forfeiture of not more than $200, except as follows:
AB514-engrossed,58,1513
(a)
Possession. For possessing any live wild animal, or a carcass of a wild
14animal, in violation of this chapter, a person shall forfeit not less than $100 nor more
15than $500.
AB514-engrossed,58,1816
(b)
Sale or purchase. For selling or purchasing any live wild animal in violation
17of this chapter, a person shall be fined not less than $100 nor more than $2,000 or
18imprisoned for not more than 6 months or both.
AB514-engrossed,58,2219
(c)
Possession, sale, release and descenting of live skunks. For possessing,
20selling, purchasing, descenting, introducing, stocking or releasing into the wild a live
21skunk in violation of this chapter, a person shall forfeit not less than $100 nor more
22than $1,000. This penalty shall apply in lieu of the penalties under pars. (a) and (b).
AB514-engrossed,58,2523
(d)
Taking of bear and deer. For taking bear or deer from the wild in violation
24of s. 22.04, or a rule promulgate thereunder, a person shall be fined not less than
25$1,000 nor more than $2,000 or imprisoned for not more than 6 months or both.
AB514-engrossed,59,4
1(e)
Diseased and environmentally injurious wild animals. For a violation of s.
222.11 (2) (b) or (c) or 22.37 (1) or a quarantine order issued under s. 22.38, a person
3shall be fined not less than $500 nor more than $5,000 or imprisoned for not more
4than 6 months or both.
AB514-engrossed,59,75
(f)
Selling or purchasing venison from white-tailed deer. For violation of s.
622.13 (1) or (2) or rules promulgated thereunder, a person shall be fined not less than
7$1,000 nor more than $2,000 or imprisoned for not more than 6 months or both.
AB514-engrossed,59,118
(g)
Obtaining license during period of revocation. For obtaining any license
9under this chapter during the period of time when that license is revoked or
10suspended by any court, a person shall be fined not more than $200 or imprisoned
11for not more than 90 days or both.
AB514-engrossed,59,14
12(3) Diminished penalties. No penalty imposed under sub. (2) shall be held to
13be diminished because the violation for which it is imposed falls also within the scope
14of a more general prohibition.
AB514-engrossed,59,19
15(4) Penalties; repeaters. If a person is convicted of any violation of this chapter
16and it is alleged in the indictment, information or complaint, and proved or admitted
17on trial or ascertained by the court after conviction that the person was previously
18convicted within a period of 5 years for a violation of this chapter, the person shall
19be subject to all of the following in addition to the penalty for the current violation:
AB514-engrossed,59,2120
(a) The person shall be fined not more than $100 or imprisoned for not more
21than 6 months or both.
AB514-engrossed,59,2522
(b) For violations under sub. (2) (a), (b), (d) and (e), the court shall revoke all
23of the licenses issued to the person under this chapter, and the department may not
24issue any license under this chapter to the person for a period of one year after the
25current conviction.
AB514-engrossed,60,3
1(5) Court revocations and suspensions. In addition to or in lieu of any other
2penalty for violation of this chapter, the court may revoke or suspend any privilege
3or license under this chapter for a period of up to 3 years.
AB514-engrossed,60,6
4(6) Revocations by the department. In addition to the revocation proceeding
5under sub. (4), the department may revoke any license to which any of the following
6applies:
AB514-engrossed,60,87
(a) The department determines that the license was fraudulently procured,
8erroneously issued or otherwise prohibited by law.
AB514-engrossed,60,109
(b) The department determines that the person holding the license is not in
10compliance with this chapter or with a rule promulgated under this chapter.
AB514-engrossed,60,15
11(7) Prohibitions during periods of suspension or revocation. (a) Any person
12who has had an approval or privilege under this chapter revoked or suspended and
13who engages in the activity authorized by the approval or in the privilege during the
14period of revocation or suspension is subject to the following penalties, in addition
15to any other penalty imposed for failure to have an approval:
AB514-engrossed,60,1716
1. For the first conviction, the person shall forfeit not less than $300 nor more
17than $500.
AB514-engrossed,60,1918
2. If the number of convictions in a 5-year period equals 2 or more, the person
19shall be fined not less than $500 nor more than $1,000.
AB514-engrossed,60,2120
(b) The 5-year period under par. (a) 2. shall be measured from the dates of the
21violations which resulted in the convictions.
AB514-engrossed,61,2
22(8) Parties to a violation. (a) Whoever is concerned in the commission of a
23violation of this chapter is a principal and may be charged with and convicted of the
24violation of this chapter although he or she did not directly commit it and although
1the person who directly committed it has not been convicted of the violation of this
2chapter.
AB514-engrossed,61,43
(b) A person is concerned in the commission of the violation of this chapter if
4the person does any of the following:
AB514-engrossed,61,55
1. Directly commits the violation of this chapter.
AB514-engrossed,61,66
2. Aids and abets the commission of the violation of this chapter.
AB514-engrossed,61,87
3. Is a party to a conspiracy with another to commit the violation of this chapter
8or advises, hires or counsels or otherwise procures another to commit it.
AB514-engrossed,61,13
922.43 Natural resources assessments and restitution payments. (1)
10Natural resources assessments. (a) If a court imposes a fine or forfeiture for a
11violation of this chapter or a rule promulgated under this chapter, the court shall
12impose a natural resources assessment equal to 75% of the amount of the fine or
13forfeiture.
AB514-engrossed,61,1514
(b) If a fine or forfeiture is suspended in whole or in part, the natural resources
15assessment shall be reduced in proportion to the suspension.
AB514-engrossed,61,2116
(c) If any deposit is made for an offense to which this subsection applies, the
17person making the deposit shall also deposit a sufficient amount to include the
18natural resources assessment prescribed in this subsection. If the deposit is
19forfeited, the amount of the natural resources assessment shall be transmitted to the
20state treasurer under par. (d). If the deposit is returned, the natural resources
21assessment shall also be returned.
AB514-engrossed,62,222
(d) The clerk of the court shall collect and transmit to the county treasurer the
23natural resources assessment and other amounts required under s. 59.40 (2) (m).
24The county treasurer shall then make payment to the state treasurer as provided in
1s. 59.25 (3) (f) 2. The state treasurer shall deposit the amount of the natural
2resources assessment in the conservation fund.
AB514-engrossed,62,43
(e) All moneys collected from natural resources assessments shall be deposited
4in the conservation fund and credited to the appropriation under s. 20.370 (3) (mu).