AB684: Bill Text

AB684,78,16 29.354 (5) Captive wild animals. This section does not apply to wild animals that are subject to regulation under ch. 22.

AB684, s. 38 Section 38. 29.357 (5) (b) of the statutes is amended to read:

AB684,78,20 29.357 (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 ch. 22.

AB684, s. 39 Section 39. 29.361 (6) of the statutes is amended to read:

AB684,78,23 29.361 (6) This section does not apply to the transportation of farm-raised deer or deer that are subject to regulation under ch. 22.

AB684, s. 40 Section 40. 29.364 (5) of the statutes is amended to read:

AB684,79,4 29.364 (5) Exemption; taxidermists. Subsections (1) to (3) do not apply to a person who has 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 ch. 22.

AB684, s. 41 Section 41. 29.501 (9m) of the statutes is created to read:

AB684,79,7 29.501 (9m) This section applies to raw furs and dressed furs from fur-bearing animals that are subject to regulation under ch. 22.

AB684, s. 42 Section 42. 29.506 (4) of the statutes is amended to read:

AB684,79,15 29.506 (4) Authorization. Subject to 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, to the extent permitted under this section, restrictions on the possession and transportation of wild animals and carcasses of wild animals established under ch. 22 and this chapter. A taxidermist permit entitles the permit holder to the same privileges as a Class A fur dealer's license.

AB684, s. 43 Section 43. 29.539 (7) of the statutes is created to read:

AB684,79,18 29.539 (7) This section does not apply to the carcass of a wild animal that is subject to regulation under ch. 22.

AB684, s. 44 Section 44. 29.541 (3) of the statutes is amended to read:

AB684,79,22 29.541 (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 s. 22.13 or 22.14.

AB684, s. 45 Section 45. 29.563 (9) (intro.) and (a) (title) of the statutes are repealed.

AB684, s. 46 Section 46. 29.563 (9) (a) 1. of the statutes is renumbered 29.563 (7) (c) 5m.

AB684, s. 47 Section 47. 29.563 (9) (a) 2. to 10. and (b) of the statutes, as affected by 1999 Wisconsin Act 9, are repealed.

AB684, s. 48 Section 48. 29.563 (9) (c) of the statutes, as created by 1999 Wisconsin Act 9, is repealed.

AB684, s. 49 Section 49. 29.614 (3) of the statutes is amended to read:

AB684,80,18 29.614 (3) A scientific collector permit authorizes the permittee to collect or salvage, for scientific purposes only, the eggs, nest and live fish and the nests and carcasses of any wild animals specified in the permit subject to the conditions and limitations specified in the permit and the rules of the department. The permittee may use the specimens for the scientific purposes for which collected or salvaged and may transport them or cause them to be transported by common carrier. Possession of these specimens may not be transferred to any other person, except that these specimens may be exchanged for other specimens for scientific purposes. A scientific collector permit may authorize the use of net guns and tranquilizer guns for activities related to the purposes for which the permit is issued. Any person who is convicted of violating this chapter shall forfeit the person's permit and the permit is thereby revoked, in addition to all other penalties. Any person so convicted is not eligible for a permit under this section for one year following the conviction.

AB684, s. 50 Section 50. 29.741 (title) of the statutes is repealed and recreated to read:

AB684,80,20 29.741 (title) Food in the wild for game birds.

AB684, s. 51 Section 51. 29.741 (1) of the statutes is repealed.

AB684, s. 52 Section 52. 29.741 (2) of the statutes is renumbered 29.741.

AB684, s. 53 Section 53. 29.745 of the statutes is repealed.

AB684, s. 54 Section 54. 29.853 (title) of the statutes is repealed.

AB684, s. 55 Section 55. 29.853 (1) of the statutes is repealed.

AB684, s. 56 Section 56. 29.853 (2) of the statutes is repealed.

AB684, s. 57 Section 57. 29.853 (3) of the statutes is repealed.

AB684, s. 58 Section 58. 29.853 (4m) of the statutes is repealed.

AB684, s. 59 Section 59. 29.853 (5) (title) of the statutes is repealed.

AB684, s. 60 Section 60. 29.853 (5) of the statutes is renumbered 29.334 (2) and amended to read:

AB684,81,8 29.334 (2) A person who violates this section sub. (1) shall forfeit not less than $100 nor more than $1,000.

AB684, s. 61 Section 61. 29.855 (title) of the statutes is repealed.

AB684, s. 62 Section 62. 29.855 (1) of the statutes is repealed.

AB684, s. 63 Section 63. 29.855 (2) of the statutes is repealed.

AB684, s. 64 Section 64. 29.855 (3) of the statutes is repealed.

AB684, s. 65 Section 65. 29.855 (4) (title) of the statutes is repealed.

AB684, s. 66 Section 66. 29.855 (4) of the statutes is renumbered 22.04 (2) (e) and amended to read:

AB684,81,24 22.04 (2) (e) No person may operate on a live wild skunk to remove its scent glands unless the person who possesses holds a Class A or Class B captive wild animal farm license or unless the person is a veterinarian and the person bringing the skunk is authorized under s. 29.857 or 29.869 to the veterinarian holds such a license. A veterinarian to whom a person brings a live wild skunk for removal of its scent glands or for other treatment shall verify whether the person holds a Class A or Class B captive wild animal farm license. If the person does not hold such a license, the veterinarian shall notify that person that possession of a live skunk is illegal and shall notify the department.

AB684, s. 67 Section 67. 29.855 (5) of the statutes is repealed.

AB684, s. 68 Section 68. 29.855 (6) of the statutes is repealed.

AB684, s. 69 Section 69. 29.855 (7) of the statutes is repealed.

AB684, s. 70 Section 70. 29.857 of the statutes is repealed.

AB684, s. 71 Section 71. 29.861 of the statutes is repealed.

AB684, s. 72 Section 72. 29.863 of the statutes is repealed.

AB684, s. 73 Section 73. 29.865 of the statutes is repealed.

AB684, s. 74 Section 74. 29.867 of the statutes is repealed.

AB684, s. 75 Section 75. 29.869 of the statutes is repealed.

AB684, s. 76 Section 76. 29.871 of the statutes is repealed.

AB684, s. 77 Section 77. 29.873 of the statutes is repealed.

AB684, s. 78 Section 78. 29.875 (1) of the statutes is amended to read:

AB684,82,16 29.875 (1) The department may seize and dispose of or may authorize the disposal of any deer that has escaped from land licensed under s. 29.867 or 29.871 22.15 or 22.16 or owned by a person registered under s. 95.55 if the escaped deer has traveled more than 3 miles from the land or if the licensee or person has not had the deer returned to the land within 72 hours of the discovery of the escape.

AB684, s. 79 Section 79. 29.877 of the statutes is repealed.

AB684, s. 80 Section 80. 29.879 of the statutes is repealed.

AB684, s. 81 Section 81. 29.881 of the statutes is repealed.

AB684, s. 82 Section 82. 29.885 (1) (f) of the statutes is amended to read:

AB684,82,23 29.885 (1) (f) Notwithstanding s. 29.01 (14) 29.001 (90), "wild animal" means any undomesticated mammal or bird, but does not include farm-raised deer or, farm-raised fish or wild animals that are subject to regulation under ch. 22.

AB684, s. 83 Section 83. 29.889 (1) (intro.) of the statutes is amended to read:

AB684,83,3 29.889 (1) Definition. (intro.) In this section, "wildlife damage" means damage caused by any of the following noncaptive wild animals that are not subject to regulation under ch. 22:

AB684, s. 84 Section 84. 29.921 (7) of the statutes is amended to read:

AB684,83,9 29.921 (7) Dogs injuring wildlife. A warden 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 ch. 22, 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.

AB684, s. 85 Section 85. 29.927 (8) of the statutes is amended to read:

AB684,83,12 29.927 (8) Any dog found running deer, except farm-raised deer or deer subject to regulation under ch. 22, at any time, or used in violation of this chapter.

AB684, s. 86 Section 86. 29.931 (2) (a) of the statutes is amended to read:

AB684,84,2 29.931 (2) (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 vehicle, boat or object declared by this chapter to be a public nuisance, or which they have probable cause to believe is being used in violation of 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 the vehicle, boat or object is a public nuisance or that within 6 months previous to the seizure the vehicle, boat or object was used in violation of 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.

AB684, s. 87 Section 87. 29.969 of the statutes is amended to read:

AB684,84,8 29.969 Larceny of game. A person who, without permission of the owner, disturbs or appropriates any wild animal or its carcass that has been lawfully reduced to possession by another shall forfeit not less than $1,000 nor more than $2,000. This section does not apply to farm-raised deer or , farm-raised fish or wild animals that are subject regulation under ch. 22.

AB684, s. 88 Section 88. 49.857 (1) (d) 2. of the statutes is amended to read:

AB684,84,10 49.857 (1) (d) 2. An approval specified in s. 29.09 (11m) 22.34 or 29.024 (2g).

AB684, s. 89 Section 89. 59.25 (3) (f) 2. of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

AB684,85,14 59.25 (3) (f) 2. For all court imposed fines and forfeitures required by law to be deposited in the state treasury, the amounts required by s. 757.05 for the penalty assessment surcharge, the amounts required by s. 165.755 for the crime laboratories and drug law enforcement assessment, the amounts required by s. 167.31 (5) for the weapons assessment, the amounts required by s. 973.045 for the crime victim and witness assistance surcharge, the amounts required by s. 938.34 (8d) for the delinquency victim and witness assistance surcharge, the amounts required by s. 973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by s. 961.41 (5) for the drug abuse program improvement surcharge, the amounts required by s. 100.261 for the consumer information assessment, the amounts authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 (1) for the domestic abuse assessment, the amounts required by s. 253.06 (4) (c) for the enforcement assessment under the supplemental food program for women, infants and children, the amounts required by ss. 346.177, 346.495 and 346.65 (4r) for the railroad crossing improvement assessment, the amounts required by s. 346.655 (2) (a) and (b) for the driver improvement surcharge, the amounts required by s. 102.85 (4) for the uninsured employer assessment, the amounts required by s. 299.93 for the environmental assessment, the amounts required by s. 29.983 for the wild animal protection assessment, the amounts required by s. ss. 22.46 (1) and 29.987 for the natural resources assessment surcharge, the amounts required by s. 29.985 for the fishing shelter removal assessment, the amounts required by s. 350.115 for the snowmobile registration restitution payment and the amounts required by s. ss. 22.46 (2) and 29.989 for natural resources restitution payments, transmit to the state treasurer a statement of all moneys required by law to be paid on the actions entered during the preceding month on or before the first day of the next succeeding month, certified by the county treasurer's personal signature affixed or attached thereto, and at the same time pay to the state treasurer the amount thereof.

AB684, s. 90 Section 90. 59.40 (2) (m) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

AB684,86,19 59.40 (2) (m) Pay monthly to the treasurer for the use of the state the state's percentage of the fees required to be paid on each civil action, criminal action and special proceeding filed during the preceding month and pay monthly to the treasurer for the use of the state the percentage of court imposed fines and forfeitures required by law to be deposited in the state treasury, the amounts required by s. 757.05 for the penalty assessment surcharge, the amounts required by s. 165.755 for the crime laboratories and drug law enforcement assessment, the amounts required by s. 167.31 (5) for the weapons assessment, the amounts required by s. 973.045 for the crime victim and witness assistance surcharge, the amounts required by s. 938.34 (8d) for the delinquency victim and witness assistance surcharge, the amounts required by s. 973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by s. 961.41 (5) for the drug abuse program improvement surcharge, the amounts required by s. 100.261 for the consumer information assessment, the amounts authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 for the domestic abuse assessment surcharge, the amounts required by s. 253.06 (4) (c) for the enforcement assessment under the supplemental food program for women, infants and children, the amounts required by ss. 346.177, 346.495 and 346.65 (4r) for the railroad crossing improvement assessment, the amounts required by s. 346.655 for the driver improvement surcharge, the amounts required by s. 102.85 (4) for the uninsured employer assessment, the amounts required by s. 299.93 for the environmental assessment, the amounts required under s. 29.983 for the wild animal protection assessment, the amounts required under s. ss. 22.46 (1) (d) and 29.987 (1) (d) for the natural resources assessment surcharge, the amounts required by s. 29.985 for the fishing shelter removal assessment, the amounts required by s. 350.115 for the snowmobile registration restitution payment and the amounts required under s. ss. 22.46 (2) (d) and 29.989 (1) (d) for the natural resources restitution payments. The payments shall be made by the 15th day of the month following receipt thereof.

AB684, s. 91 Section 91. 73.0301 (1) (d) 1. of the statutes is amended to read:

AB684,86,21 73.0301 (1) (d) 1. An approval specified in s. 29.09 (11r) 22.35 or 29.024 (2r).

AB684, s. 92 Section 92. 167.31 (4) (b) of the statutes is amended to read:

AB684,87,2 167.31 (4) (b) Subsections (2) (a), (b) and (c) and (3) (a) and (b) do not apply to the holder of a scientific research license under s. 22.25 or a scientific collector permit under s. 29.614 who is using a net gun or tranquilizer gun in an activity related to the purpose for which the license or permit was issued.

AB684, s. 93 Section 93. 173.01 (1) of the statutes, as created by 1997 Wisconsin Act 192, is renumbered 173.01 (1m).

AB684, s. 94 Section 94. 173.01 (1b) of the statutes is created to read:

AB684,87,6 173.01 (1b) "Conservation warden" means a warden appointed under s. 23.10.

AB684, s. 95 Section 95. 173.01 (1d) of the statutes is created to read:

AB684,87,9 173.01 (1d) "Custodial entity" means a political subdivision, a person contracting under s. 173.15 (1) or the department of natural resources.

AB684, s. 96 Section 96. 173.01 (1r) of the statutes is created to read:

AB684,87,12 173.01 (1r) "Governmental unit" means a political subdivision or the department of natural resources.

AB684, s. 97 Section 97. 173.01 (2) of the statutes is amended to read:

AB684,87,15 173.01 (2) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c) and does not include a conservation warden.

AB684, s. 98 Section 98. 173.07 (4m) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read: