AB684: Bill Text Engrossed

AB684-engrossed,10,6 (20) "License year" means the year during which a license is valid.

AB684-engrossed,10,7 (21) "Municipality" means a city, village or town.

AB684-engrossed,10,9 (22) "Native" means indigenous and occurring or having occurred naturally within the boundaries of this state.

AB684-engrossed,10,10 (23) "Nonnative wild animal" means a wild animal that is not native.

AB684-engrossed,10,11 (24) "Nonresident" means a person who is not a resident of this state.

AB684-engrossed,10,13 (25) "Person" means any individual, partnership, firm, joint stock company, corporation, association, trust, estate or other legal entity.

AB684-engrossed,10,14 (26) "Possess" means to own, control, restrain, transport or keep.

AB684-engrossed,10,16 (27) "Propagate" means to breed, encourage or facilitate for the purpose of generating offspring.

AB684-engrossed,10,19 (28) "Public zoo or aquarium" means a zoo or aquarium that is operated by the state or by a city, village or county or that is an accredited member of the American Zoo and Aquarium Association.

AB684-engrossed,10,21 (29) "Purchase" means to acquire through a sale or through an exchange for consideration.

AB684-engrossed,10,22 (30) "Raw fur" has the meaning given in s. 29.501 (1) (e).

AB684-engrossed,10,23 (31) "Sell" means to transfer or exchange for consideration.

AB684-engrossed,10,24 (32) "State resident" has the meaning given "resident" in s. 27.01 (10) (a).

AB684-engrossed,11,2 (33) "Stock" means to release for the purpose of increasing or maintaining a population of the animal.

AB684-engrossed,11,3 (34) "Take" means to capture, but does not include killing.

AB684-engrossed,11,5 (35) "Veterinarian" means an individual who is licensed as a veterinarian under ch. 453 or by another state and who is accredited under 9 CFR subch. J.

AB684-engrossed,11,6 (36) "Wild amphibian" means a wild animal that is an amphibian.

AB684-engrossed,11,8 (37) "Wild animal" means any animal of a wild nature that is normally found in the wild and that is not a domesticated animal.

AB684-engrossed,11,9 (38) "Wild bird" means a wild animal that is a bird.

AB684-engrossed,11,10 (39) "Wild reptile" means a wild animal that is a reptile.

AB684-engrossed,11,18 22.02 Title to wild animals. (1) Title vested in owner. Except as provided in sub. (3), legal title to a live captive wild animal or the carcass of a captive wild animal is vested in the person who owns the wild animal if the person is in compliance with this chapter and the rules promulgated under this chapter. A person holding legal title may transfer without consideration the live captive wild animal or the carcass of the captive wild animal to a person who is in compliance with this chapter and the rules promulgated under this chapter. A person holding legal title to a live captive wild animal may kill it, or have it killed, in a humane manner.

AB684-engrossed,11,22 (2) Title with state. The department may assume on behalf of the state, or may sell or otherwise transfer to another person, legal title to any live captive wild animal, or the carcass of any captive wild animal, that is possessed by any person in violation of this chapter or the rules promulgated under this chapter.

AB684-engrossed,12,3 (3) Exceptions. Legal title to a live captive wild animal or the carcass of a captive wild animal that is possessed as authorized under a rehabilitation license or a scientific research license remains with the state. A person holding a rehabilitation license or a scientific research license may transfer or dispose of a live captive wild animal or the carcass of a captive wild animal only as specifically authorized by the department.

AB684-engrossed,12,7 22.03 Interagency cooperation. The department of natural resources shall cooperate with the department of agriculture, trade and consumer protection with respect to any wild animal that is subject to regulation under this chapter and ch. 93, 94 or 95.

AB684-engrossed,12,10 22.04 Possession of live wild animals. (1) Restrictions on possession; generally. (a) No person may possess any live wild animal unless the wild animal is legally obtained.

AB684-engrossed,12,12 (b) No person may possess any live wild animal unless the person possesses it in compliance with this chapter.

AB684-engrossed,12,16 (2) Temporary possession. (a) A person possessing a live native wild animal for a period not to exceed 24 hours is exempt from having a license as required under sub. (1) (b) if the person is possessing the wild animal for any of the following purposes:

AB684-engrossed,12,18 1. To restrain or transport the wild animal for medical treatment by a veterinarian or by a person holding a rehabilitation license.

AB684-engrossed,12,20 2. To remove or transport the wild animal from one location to a more appropriate location.

AB684-engrossed,12,22 3. To restrain or transport the wild animal for game censuses or surveys, or other purposes authorized by the department.

AB684-engrossed,13,2 (b) If a person possessing a live native wild animal under par. (a) determines that it is necessary to possess the wild animal for a period exceeding 24 hours after the time the wild animal was first possessed, the person shall request that the department approve an extension for the temporary possession. The department may either deny the requested extension or approve it for a specific period of time.

AB684-engrossed,13,5 (c) An establishment licensed under s. 97.42, or for which inspection is granted under 9 CFR part 304, may keep live white-tailed deer for slaughtering purposes for up to 72 hours without holding a deer farm license.

AB684-engrossed,13,13 (d) If a live wild animal has been exposed to or infected with any contagious or infectious disease, as defined under rules promulgated by the department of agriculture, trade and consumer protection under s. 95.001 (2), or a reportable disease, as designated by the department of natural resources under s. 22.44 (2), during the time the wild animal is being temporarily possessed, the person possessing the wild animal shall have a valid interstate health certificate or a valid certificate of veterinary inspection issued by a veterinarian certifying that the wild animal is free of any such diseases before releasing it into the wild.

AB684-engrossed,13,20 (3) Wild animals under another jurisdiction. A live wild animal possessed by a nonresident under the legal authority of another state, province or country may be possessed by the nonresident in this state for not more than 60 days from the date the wild animal enters the state if the wild animal is accompanied by a valid interstate health certificate or a valid certificate of veterinary inspection issued by a veterinarian and by all of the licenses or other approvals that are required by the other state, province or country.

AB684-engrossed,13,23 (4) Exemption for certain wild animals. (a) A person is exempt from any licensing requirement under sub. (1) (b) for live native wild animals if the wild animals are not endangered or threatened species and are any of the following:

AB684-engrossed,13,24 1. Arthropods.

AB684-engrossed,13,25 2. Chipmunks.

AB684-engrossed,14,1 3. Pocket gophers.

AB684-engrossed,14,2 4. Mice.

AB684-engrossed,14,3 5. Moles.

AB684-engrossed,14,4 6. Mollusks.

AB684-engrossed,14,5 7. Opossums.

AB684-engrossed,14,6 8. Pigeons.

AB684-engrossed,14,7 9. Porcupines.

AB684-engrossed,14,8 10. Rats.

AB684-engrossed,14,9 11. Shrews.

AB684-engrossed,14,10 12. English sparrows.

AB684-engrossed,14,11 13. Starlings.

AB684-engrossed,14,12 14. Ground squirrels.

AB684-engrossed,14,13 15. Red squirrels.

AB684-engrossed,14,14 16. Voles.

AB684-engrossed,14,15 17. Weasels.

AB684-engrossed,14,18 (b) A person is exempt from any licensing requirement under sub. (1) (b) for live nonnative wild animals that are not endangered or threatened species, except for any of the following:

AB684-engrossed,14,22 1. Pheasants of the species Phasianus colchicus or Syrmaticus reevesii, chukar partridge or gray partridge that are possessed for use under a bird hunting preserve license, a dog training license, a hound training license, a dog club training license, a dog trial license or a hound trial license.

AB684-engrossed,14,23 2. Nonnative wild animals of the family anatidae or of the family cervidae.

AB684-engrossed,14,24 3. Nonnative wild animals that are inherently dangerous wild animals.

AB684-engrossed,15,2 (5) Exemption for certain persons and institutions. (a) Any of the following is exempt from any licensing requirement under sub. (1) (b):

AB684-engrossed,15,4 1. Veterinarians, for the purpose of providing medical treatment to wild animals.

AB684-engrossed,15,5 2. Public zoos or aquariums.

AB684-engrossed,15,6 3. Circuses and the Circus World Museum located in Baraboo, Wisconsin.

AB684-engrossed,15,7 4. The department.

AB684-engrossed,15,9 (b) For purposes of par. (a) 1., "medical treatment" does not include rehabilitation.

AB684-engrossed,15,11 (6) Inapplicability to certain wild animals. (a) This section does not authorize the possession of environmentally injurious wild animals.

AB684-engrossed,15,13 (b) The possession of native wild reptiles and native wild amphibians is subject to s. 22.12 and not to this section.

AB684-engrossed,15,17 22.05 Taking of wild animals. (1) Prohibition. No person may take any wild animal from the wild except as authorized under a bird hunting preserve license, a wild fur farm license, a rehabilitation license or a scientific research license or under s. 29.319.

AB684-engrossed,15,20 (2) Exemption for certain wild animals. A person is exempt from the requirement under sub. (1) if the wild animal that the person takes from the wild is a native wild animal that is exempt under s. 22.04 (4) (a).

AB684-engrossed,15,22 (3) Exemption for certain persons and institutions. (a) Any of the following is exempt from the licensing requirement under sub. (1):

AB684-engrossed,15,24 1. Veterinarians, for the purpose of providing medical treatment to wild animals.

AB684-engrossed,15,25 2. The department.

AB684-engrossed,16,2 (b) For purposes of par. (a) 1., "medical treatment" does not include rehabilitation.

AB684-engrossed,16,4 (4) Inapplicability to certain wild animals. (a) This section does not authorize the taking of environmentally injurious wild animals.

AB684-engrossed,16,6 (b) The taking of native wild reptiles and native wild amphibians is subject to s. 22.12 and not to this section.

AB684-engrossed,16,13 22.06 Introduction, stocking and release of wild animals. (1) Prohibition; persons other than the department. (a) No person may introduce, stock or release into the wild, or import into this state to introduce, stock or release into the wild, any wild animal except as authorized under a bird hunting preserve license, a bird dog training license, a hound dog training license, a dog club training license, a bird dog trial license, a hound dog trial license, a stocking license, a rehabilitation license or a scientific research license or under s. 29.319.

AB684-engrossed,16,17 (b) No person may introduce, stock or release into the wild, or import into this state for introducing, stocking or releasing into the wild, any wild animal unless the department has given its authorization under par. (c) and the person has complied with the requirements under par. (d).

AB684-engrossed,16,21 (c) The department may authorize the introducing, stocking, releasing into the wild or importing of a species of wild animal only if the department has determined that the wild animal will not be detrimental in any manner to the conservation of the natural resources of this state.

AB684-engrossed,16,23 (d) Introducing, stocking or releasing a wild animal under this section is subject to all of the following requirements:

AB684-engrossed,17,6 1. If a wild animal has been exposed to or infected with any contagious or infectious disease, as defined under rules promulgated by the department of agriculture, trade and consumer protection under s. 95.001 (2), or a reportable disease, as designated by the department of natural resources under s. 22.44 (2), the person introducing, stocking or releasing the wild animal shall hold a valid interstate health certificate or a valid certificate of veterinary inspection issued by a veterinarian certifying that the wild animal is free of any such diseases before the introducing, stocking or release.

AB684-engrossed,17,9 2. A person introducing, stocking or releasing wild birds under the authority of a stocking license, a bird hunting preserve license, a bird dog training license or a bird dog trial license may only introduce, stock or release wild birds that:

AB684-engrossed,17,12 a. Have originated, within 365 days before the introducing, stocking or release, from a flock that meets the requirements under subd. 3. and that have had contact with only captive birds that meet these requirements.

AB684-engrossed,17,14 b. That, within 30 days before the introducing, stocking or release, comply with any rules promulgated by the department under s. 22.44 (3).

AB684-engrossed,17,17 3. Wild birds that are introduced, stocked or released under subd. 2. shall originate from a flock of a person participating in the national poultry improvement plan under 9 CFR part 145.

AB684-engrossed,17,22 (2) Reports. At the request of a municipality in an area in which wild animals are introduced, stocked or released under sub. (1), the department shall require a person who introduced, stocked or released those wild animals to report to the municipality the number and type of wild animals introduced, stocked or released and the location at which the animals were introduced, stocked or released.

AB684-engrossed,18,2 (3) By the department. The department may import into this state to introduce, stock or release into the wild, may introduce, stock or release into the wild, or may authorize introducing, stocking or releasing into the wild, a wild animal without holding a license as required under sub. (1) (a).

AB684-engrossed,18,4 (4) Exemption. This section does not apply to wild animals that are released into the wild after being accidentally trapped or confined.

AB684-engrossed,18,10 22.07 Exhibition of live wild animals. (1) Prohibition. (a) No person may exhibit any captive live native wild animal or any captive live nonnative wild animal of the family ursidae or cervidae except as authorized under a captive wild animal farm license, a deer farm license, a rehabilitation license, a nonprofit educational exhibiting license, a nonresident temporary exhibiting license or a captive wild animal auction and market license or under s. 29.319.

AB684-engrossed,18,14 (b) If a person exhibits a wild animal subject to par. (a) under the authority of a captive wild animal farm license, a deer farm license or a rehabilitation license, the person may exhibit only those types of wild animals that are specified by the department on the license.

AB684-engrossed,18,17 (2) Exemption for certain wild animals. A person is exempt from the requirements under sub. (1) if the wild animal that the person exhibits is a wild animal that is exempt under s. 22.04 (4) (a) or (b).

AB684-engrossed,18,19 (3) Exemption for certain institutions. Any of the following is exempt from the licensing requirement under sub. (1):

AB684-engrossed,18,20 (a) Public zoos or aquariums.