AB684: Bill Text

AB684,35,21 1. Live captive rabbit purchased or otherwise acquired from a person holding a captive wild animal farm license.

AB684,35,22 2. Live captive raccoon.

AB684,35,23 3. Live captive bear of the species Ursus americanus.

AB684,36,2 (3) Dog club training license. (a) The department may issue a dog club training license to an organization that meets the conditions established by the department by rule for dog club training licenses that files a proper application and that pays the applicable fee.

AB684,36,6 (b) A dog club training license authorizes the club or its members to purchase, possess, release into the wild and hunt species of live captive wild animals that are authorized by the department on property owned or leased by the club for the purpose of teaching a bird dog or hound dog to retrieve, point, flush or track game.

AB684,36,10 (4) Rules. The department may promulgate rules to establish additional standards, limitations and requirements for licenses issued under this section. The rules may include standards that provide adequate protection for the wild animals that are authorized under a dog training license.

AB684,36,13 (5) Restrictions. (a) No person may sell wild animals under a license issued under this section, but a person holding a bird dog training license who has been contracted to train a dog may charge for the wild birds used in the training.

AB684,36,15 (b) A license under this section does not authorize organized competitive field events.

AB684,36,18 22.21 Dog trial licenses. (1) Bird dog trial license. (a) The department shall issue a bird dog trial license to any qualified person who files a proper application and who pays the applicable fee.

AB684,36,22 (b) A bird dog trial license authorizes the holder of the license to purchase, possess, release into the wild and hunt any live captive wild bird for any organized competitive field event that involves sporting dog breeds and that is sanctioned, licensed or recognized by a local, state, regional or national dog organization.

AB684,36,24 (2) Hound dog trial license. (a) The department shall issue a hound dog trial license to any person who files a proper application and who pays the applicable fee.

AB684,37,5 (b) A hound dog trial license authorizes the holder of the license to purchase, possess, release into the wild and hunt live captive raccoon, live captive rabbit and live captive bear of the species Ursus americanus for any organized competitive field event that involves sporting dog breeds and that is sanctioned, licensed or recognized by a local, state, regional or national dog organization.

AB684,37,9 (3) Rules. The department may promulgate rules to establish additional standards, limitations and requirements for licenses issued under this section. The rules may include standards that provide adequate protection for the wild animals that are authorized under a dog trial license.

AB684,37,13 22.22 Falconry license. (1) Issuance. (a) The department shall issue a falconry license to any qualified individual who is at least 18 years of age, who has a federal falconry license, who files a proper application and who pays the applicable fee.

AB684,37,16 (b) The department shall issue a youth falconry license to any individual who is a resident of this state, who is at least 14 years of age but less than 18 years of age and who qualifies as a falconry apprentice under 50 CFR 21.29 (e) (1).

AB684,37,18 (2) Authorization; possession. A falconry license authorizes the holder of the license to possess and release raptors for falconry purposes.

AB684,37,20 (3) Authorization; exhibiting; hunting. A falconry license authorizes the holder of the license to do all of the following:

AB684,37,22 (a) Exhibit live captive raptors if specifically authorized to do so by the department.

AB684,37,24 (b) Hunt small game of the type authorized for hunters holding small game hunting licenses under s. 29.161 by engaging in falconry.

AB684,37,25 (c) Take raptors from the wild.

AB684,38,3 (5) Authorization; other. A falconry license authorizes the holder of the license to do any of the following if the person also has a federal propagation permit issued under 50 CFR 21.30:

AB684,38,4 (a) Propagate and purchase raptors.

AB684,38,5 (b) Sell raptors that are bred in captivity.

AB684,38,7 (6) Rules. The department may promulgate rules to establish all of the following:

AB684,38,8 (a) Additional standards, limitations and requirements for falconry licenses.

AB684,38,10 (b) Bag limits, closed areas and other conditions or restrictions on hunting by engaging in falconry subject to sub. (3) (b).

AB684,38,14 22.23 Stocking license. (1) Issuance. The department may issue stocking licenses. If the department issues stocking licenses, it shall issue a stocking license to any qualified person who files a proper application and who pays the applicable fee.

AB684,38,16 (2) Authorization. A stocking license authorizes the holder of the license to purchase, possess, introduce or stock wild animals.

AB684,38,20 (3) Rules. The department may promulgate rules to establish additional standards, limitations and requirements for stocking licenses. The rules may include the species of wild animals that may be introduced or stocked and the locations at which those species of wild animals may be introduced or stocked.

AB684,38,24 22.24 Rehabilitation license. (1) Issuance. The department shall issue a rehabilitation license to rehabilitate wild animals to any qualified individual who is at least 18 years of age, who meets the qualifications under rules promulgated under sub. (2) and who files a proper application.

AB684,39,4 (2) Qualifications; rules. The department shall promulgate rules to establish the qualifications required to obtain a rehabilitation license, the types of activities authorized by a rehabilitation license and the standards, limitations and requirements for rehabilitation licenses.

AB684,39,8 22.25 Scientific research license. (1) Issuance. (a) The department shall issue a scientific research license to any qualified person who is engaged in a study or in research that the department determines will lead to increased, useful scientific knowledge, who files a proper application and who pays the applicable fee.

AB684,39,10 (b) The department may also require the person to submit with the license application a copy of any of the following:

AB684,39,11 1. The person's study plan or research proposal.

AB684,39,12 2. An approval received by the person under 9 CFR 2.31.

AB684,39,15 (2) Authorization. A scientific research license authorizes the holder of the license to take from the wild, possess, kill or propagate the types of native wild animals that the department authorizes under the license.

AB684,39,18 (3) Scope of license; contents. A scientific research license shall contain the holder's name and address, the date of issuance and all of the following conditions or limitations:

AB684,39,19 (a) The specific purposes for which it is issued.

AB684,39,20 (b) The types of wild animals and the number of each type to be studied.

AB684,39,21 (c) The locations from where the wild animals will be taken.

AB684,39,22 (d) The locations at which the wild animals will be kept and studied.

AB684,39,23 (e) The periods of time in which the wild animals may be studied.

AB684,39,25 (f) Any other conditions or limitations that the department considers reasonable.

AB684,40,3 (4) Equipment. A scientific research license may authorize the use of net guns, tranquilizer guns and other equipment or supplies for activities related to scientific research or study.

AB684,40,8 (5) Title to; transfer and disposal of wild animals. (a) A person holding a scientific research license may not transfer any wild animal or its carcass held under the authority of the license unless the purpose of the transfer is to trade the wild animals for other animals for scientific research or classroom demonstrations and the transfer is specifically authorized by the department at the time of the transfer.

AB684,40,11 (b) A person holding a scientific research license shall release or dispose of a live wild animal possessed under the authority of the license, or its carcass, only in the manner specifically authorized by the department.

AB684,40,13 (6) Rules. The department may promulgate rules to establish additional standards, limitations and requirements for scientific research licenses.

AB684,40,20 22.26 Nonprofit educational exhibiting license. (1) Issuance. The department shall issue a nonprofit educational exhibiting license to any nature center, aquarium or educational institution if the center, aquarium or institution is a nonstock, nonprofit corporation described under section 501 (c) (3) or (4) of the Internal Revenue Code and exempt from taxation under section 501 (a) of the Internal Revenue Code and if the center, aquarium or institution files a proper application and pays the applicable fee.

AB684,40,22 (2) Authorization. A nonprofit educational exhibiting license authorizes the person holding the license to do all of the following:

AB684,40,23 (a) Possess and exhibit live wild animals.

AB684,40,25 (b) Purchase and propagate live wild animals subject to sub. (3) (a) for the purpose of exhibiting only.

AB684,41,3 (3) Authorization: restriction; trading. (a) A person holding a nonprofit educational exhibiting license may purchase or propagate only those types of wild animals that the department specifically authorizes on the license.

AB684,41,7 (b) If a person holding a nonprofit educational exhibiting license determines that the person possesses more live wild animals than are necessary for exhibiting purposes, the person may sell the excess wild animals to another person who is not prohibited under this chapter from possessing the wild animals.

AB684,41,9 (4) Rules. The department may promulgate rules establishing standards, limitations and requirements for nonprofit educational exhibiting licenses.

AB684,41,14 22.27 Nonresident temporary exhibiting license. (1) Issuance. The department shall issue a nonresident temporary exhibiting license to any qualified individual who is a nonresident or to any business organization that is not organized under the laws of this state, who meets the requirement under sub. (2), who files a proper application and who pays the applicable fee.

AB684,41,17 (2) Federal requirement. An applicant for a nonresident temporary exhibiting license shall hold any license or permit that may be required under 7 USC 2131 to 2159 at the time the department issues the applicant the license.

AB684,41,19 (3) Authorization. A person holding a nonresident temporary exhibiting license may do all of the following:

AB684,41,23 (a) Possess and exhibit live wild animals at locations designated by the department under the license for the production of motion pictures or television programs or as parts of theatrical acts, carnivals or other animal attractions or displays.

AB684,41,25 (b) Move live wild animals in mobile facilities that do not meet the rules for housing under s. 22.39.

AB684,42,3 (4) Rules. The department may promulgate rules to establish additional standards, limitations and requirements for nonresident temporary exhibiting licenses.

AB684,42,6 22.28 Captive wild animal auction and market license. (1) Issuance. The department shall issue a captive wild animal auction and market license to any qualified person who files a proper application and who pays the applicable fee.

AB684,42,8 (2) Authorization; limitation. (a) A captive wild animal auction and market license authorizes the person holding the license to do all of the following:

AB684,42,9 1. Possess live wild animals for an auction or market.

AB684,42,10 2. Exhibit live wild animals for an auction or market.

AB684,42,12 3. Conduct auctions and markets to sell live wild animals to persons authorized to possess the wild animals within and outside this state.

AB684,42,15 (b) No person may conduct a private sale of a live wild animal at the same site and on the same date as the site and date of an auction or market conducted under the authority of a captive wild animal auction and market license.

AB684,42,18 (3) Consignment sales. A person may ship or transport a live wild animal into this state for consignment sale at an auction or market by a person holding a captive wild animal auction and market license if all of the following apply:

AB684,42,21 (a) The person shipping or transporting the wild animal is in compliance with any licensing or other approval requirements of the state, province or country of origin.

AB684,42,24 (b) A copy of any license or other approval required by the state, country or province of origin and a valid interstate health certificate or valid certificate of veterinary inspection issued by a veterinarian accompany the wild animal.

AB684,43,3 (4) Rules. The department may promulgate rules that establish additional standards, limitations and requirements for captive wild animal auction and market licenses and for captive wild animal auctions and markets.

AB684,43,6 22.29 Validation licenses. (1) Eligibility. (a) Initial validation license. A person who meets all of the following conditions is eligible for an initial validation license:

AB684,43,9 1. The person has a license or permit under s. 29.863, 1997 stats., s. 29.865, 1997 stats., s. 29.867, 1997 stats., s. 29.869, 1997 stats., s. 29.871, 1997 stats., or s. 29.877, 1997 stats., on the effective date of this subdivision .... [revisor inserts date].

AB684,43,15 2. The licenses available under ss. 22.15 to 22.28 do not permit the continuation of an activity that was allowed under the license or permit under s. 29.863, 1997 stats., s. 29.865, 1997 stats., s. 29.867, 1997 stats., s. 29.869, 1997 stats., s. 29.871, 1997 stats., or s. 29.877, 1997 stats., on the effective date of this subdivision .... [revisor inserts date], at the location where the activity is being conducted on the effective date of this subdivision .... [revisor inserts date].

AB684,43,20 3. The person obtains licenses under this chapter for any activity that was allowed under the license or permit under s. 29.863, 1997 stats., s. 29.865, 1997 stats., s. 29.867, 1997 stats., s. 29.869, 1997 stats., s. 29.871 or 29.877, 1997 stats., on the effective date of this subdivision .... [revisor inserts date], and for which a license under ss. 22.15 to 22.28 is available.

AB684,43,22 (b) Subsequent validation license. A person who meets all of the following conditions is eligible for a subsequent validation license:

AB684,43,25 1. The person had a license or permit under s. 29.863, 1997 stats., s. 29.865, 1997 stats., s. 29.867, 1997 stats., s. 29.869, 1997 stats., s. 29.871, 1997 stats., or s. 29.877, 1997 stats., on the effective date of this subdivision .... [revisor inserts date].

AB684,44,4 2. The person obtained a license under ss. 22.15 to 22.28 for an activity that was allowed under the license or permit under s. 29.863, 1997 stats., s. 29.865, 1997 stats., s. 29.867, 1997 stats., s. 29.869, 1997 stats., 29.871, 1997 stats., or s. 29.877, 1997 stats., on the effective date of this subdivision .... [revisor inserts date].

AB684,44,11 3. Rules applicable to licenses available under ss. 22.15 to 22.28 are promulgated so as not to permit the continuation of an activity that was allowed under the license or permit under s. 29.863, 1997 stats., s. 29.865, 1997 stats., s. 29.867, 1997 stats., s. 29.869, 1997 stats., s. 29.871, 1997 stats., or s. 29.877, 1997 stats., on on the effective date of this subdivision .... [revisor inserts date], at the location where the activity was conducted on the effective date of this subdivision .... [revisor inserts date].

AB684,44,13 (2) Application. (a) Initial validation license. An eligible person may apply for an initial validation license no later than December 31, 2001.

AB684,44,16 (b) Subsequent validation license. An eligible person may apply for a subsequent license no later than 6 months after the promulgation of rules described under sub. (1) (b) 3.

AB684,44,22 (3) Issuance. The department shall issue a single validation license to any eligible person who files a proper application for the license. The validation license shall apply to all activities described under sub. (4) (a). The department shall specify on the validation license the activities that are permitted under the license. The department shall combine a subsequent validation license with an initial validation license that has been previously issued to the same person.

AB684,45,4 (4) Authorization; limitations. (a) Except as provided in pars. (c) to (e) and sub. (5), a validation license authorizes the continuation of all activities that the holder of the validation license is authorized to conduct on the effective date of this paragraph .... [revisor inserts date], under a license or permit issued under s. 29.863, 1997 stats., s. 29.865, 1997 stats., s. 29.867, 1997 stats., s. 29.869, 1997 stats., s. 29.871, 1997 stats., or s. 29.877, 1997 stats., if the holder is actually engaged in those activities on the effective date of this paragraph .... [revisor inserts date].

AB684,45,6 (b) The authorization under par. (a) applies even though the activity is prohibited or limited under this chapter.

AB684,45,8 (c) This section does not apply to falconry or to the rehabilitation of wild animals.

AB684,45,10 (d) A validation license does not authorize the hunting of pheasants in excess of the number of pheasants stocked.

AB684,45,15 (e) A validation license does not allow the hunting or taking of hen pheasants beginning on December 15 of each year and ending on the following March 31 within the boundaries of a pheasant and quail farm licensed under s. 29.864, 1997 stats., if the licensed farm is located totally or partially within a pheasant management zone that is established by the department for purposes of s. 29.191.

AB684,45,21 (5) Conditions. (a) The department shall impose all of the conditions, restrictions and regulations on the validation license that were applicable to the same activity under s. 29.863, 1997 stats., s. 29.865, 1997 stats., s. 29.867, 1997 stats., s. 29.869, 1997 stats., s. 29.871, 1997 stats., or s. 29.877, 1997 stats., and under any rules promulgated under those sections that were in effect on the effective date of this paragraph .... [revisor inserts date].

AB684,45,23 (b) A validation license is subject to ss. 22.09, 22.11, 22.30, 22.33, 22.34, 22.35, 22.36, 22.37, 22.38, 22.39, 22.40, 22.41, 22.42, 22.43, 22.44, 22.45 and 22.46.

AB684,45,25 (6) Renewal; transferability. (a) The department shall renew or transfer a validation license upon the same conditions as the original validation license.