AB684: Bill Text Engrossed

Under current law, DNR must require a person who is applying for any type of fish or game approval to provide DNR with his or her social security number. These approvals include recreational hunting and fishing licenses as well as all other fish and game licenses such as game farm licenses and fish dealer and taxidermist permits. DNR must deny the application if the person refuses to provide his or her social security number. DNR then discloses the number to the department of workforce development (DWD) and to the department of revenue (DOR) so that DWD and DOR may determine whether the person is delinquent in child support or in payment of certain state taxes. These provisions apply to the licenses created in this bill.

Under current law, there are various record-keeping requirements for operators of game farms and wildlife exhibits. This bill authorizes DNR to establish record-keeping requirements by rule. This bill also imposes specific record-keeping requirements for most types of licenses. These specific provisions generally require such information as the date of the acquisition or transfer of a captive wild animal, the name and address of the person from whom or to whom the animal was transferred and information concerning the death or escape of captive wild animals. The bill requires that the records for inherently dangerous wild animals, environmentally injurious wild animals and certain families of wild animals, such as deer, bear and wild cats, be provided to DNR within seven days after the transaction. The bill also requires license holders to file annual reports with DNR summarizing the number of wild animals acquired, the number transferred or released, the number currently kept and the number that died, were killed or escaped.

Animal health and treatment

The bill imposes requirements on transporting wild animals into this state. With limited exceptions, a person bringing a wild animal into this state must have documentation to show that he or she is in legal possession of the wild animal and must have a valid interstate health certificate or a valid certificate of veterinary inspection for the wild animal. A wild animal is exempt from these requirements if it is being brought directly into this state for rehabilitation or for slaughter at an establishment licensed by DATCP.

The bill requires DNR to promulgate rules to ensure that wild animals receive humane treatment and adequate housing, care and food and that the wild animals are held under sanitary conditions. No person may receive a license unless DNR determines that the person will comply with all of these rules.

The bill gives DNR specific authority to issue quarantine orders. The bill establishes a procedure for issuing these orders.

The bill gives DATCP general authority to protect the health of captive wild animals.

Taking wild animals into custody

This bill authorizes a conservation warden to take custody of a captive wild animal, on behalf of DNR, for various reasons. These reasons include the following:

1. The wild animal is a stray or is abandoned or unwanted.

2. The wild animal is possessed, stocked, exhibited propagated, rehabilitated, hunted, sold or purchased in violation of state laws or local ordinances regulating captive wildlife.

3. The wild animal is not confined as required by quarantine order or has been exposed to certain diseases.

4. The wild animal has caused damage to persons or property.

5. The wild animal is being housed or held in an inhumane manner.

The procedures under current fish and game law for the seizure and disposal of wild animals found in the wild apply to the taking into custody of captive wild animals.

Local regulation

Under the bill, a municipality or county may enact and enforce ordinances prohibiting the possession or sale of live wild animals.

Enforcement and penalties

The bill gives DNR the specific authority to enter and inspect land, vehicles and buildings for the purpose of enforcement, to inspect wild animals that are to be stock or released into the wild and to have access to the records that must be kept by license holders. The bill limits this authority to normal business hours and other hours when the license holder is conducting business, unless the inspection is necessary for public health, safety or welfare. Current law authorizes DNR inspections of the area subject to the license at any time. The bill also gives DATCP general authority to conduct inspections to enforce laws related to the health of captive wild animals. No limit is imposed on the hours when DATCP may conduct these inspections.

The bill imposes a general forfeiture for unlawfully possessing a wild animal and imposes increased penalties for specific activities such as illegally selling or purchasing wild animals, illegally taking live bear or deer from the wild and violating the provisions relating to diseased or environmentally injurious wild animals. The bill imposes increased penalties for repeat violations and contains provisions for licenses being revoked by DNR and by the courts.

The bill also requires DNR to cooperate with DATCP with respect to the laws governing captive wild animals and other animals regulated by DATCP.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB684-engrossed, s. 1 Section 1. 20.370 (1) (mu) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

AB684-engrossed,7,7 20.370 (1) (mu) General program operations — state funds. The amounts in the schedule for general program operations that do not relate to the management and protection of the state's fishery resources under ss. 23.09 to 23.11, 27.01, 30.203 and 30.277, subch. VI of ch. 77 and chs. 22, 26, 28 and 29 and for transfers to the appropriation account under s. 20.285 (1) (kf).

AB684-engrossed, s. 2 Section 2. 20.370 (3) (mu) of the statutes is amended to read:

AB684-engrossed,7,12 20.370 (3) (mu) General program operations — state funds. The amounts in the schedule for law enforcement operations under ss. 23.09 to 23.11 and 166.04 and chs. 22, 29 and 30 and for review of environmental impact requirements under ss. 1.11 and 23.40.

AB684-engrossed, s. 3 Section 3. Chapter 22 of the statutes is created to read:

AB684-engrossed,7,15 Chapter 22 Captive wildlife

AB684-engrossed,7,16 22.01 Definitions. In this chapter:

AB684-engrossed,8,3 (1) "Animal" means any mammal or any bird, reptile, amphibian, mollusk, arthropod or egg thereof, except that "animal" does not include any mollusk, arthropod or egg thereof regulated under ch. 93 or 94.

AB684-engrossed,8,4 (2) "Captive" means any of the following:

AB684-engrossed,8,5 (a) Restrained by a cage, pen, fence or other enclosure.

AB684-engrossed,8,7 (b) Restrained by physical alterations that limit movement or facilitate capture.

AB684-engrossed,8,8 (c) Restrained by a leash or a tether or otherwise tied.

AB684-engrossed,8,10 (d) Held in a controlled environment that is designed to prevent the departure from the controlled environment.

AB684-engrossed,8,12 (3) "Carcass" means the dead body of any wild animal including the head, hair, skin, plumage, skeleton, meat or any other part thereof.

AB684-engrossed,8,15 (4) "Circus" means a scheduled event staged by a traveling company with mobile facilities in which entertainment consisting of a variety of performances by acrobats, clowns or trained animals is the primary attraction or principal business.

AB684-engrossed,8,16 (5) "Conservation warden" means a warden appointed under s. 23.10.

AB684-engrossed,8,17 (6) "Department" means the department of natural resources.

AB684-engrossed,8,21 (7) "Domesticated animal" means farm-raised deer, a pet bird that is either a psittacine or a softbill and is not native, is not endangered or threatened and is not a migratory bird on the list in 50 CFR 10.13 that is promulgated under 16 USC 701 to 715s or an animal that is all of the following:

AB684-engrossed,8,25 (a) An animal that, due to a long association with humans, has been bred to a degree that results in changes affecting the animal's temperament, color, conformation or other attribute of the species to an extent that it makes the animal unique and distinguishable from a wild animal of its species.

AB684-engrossed,9,1 (b) Listed as a domesticated animal by rule by the department.

AB684-engrossed,9,2 (8) "Dressed fur" has the meaning given in s. 29.501 (1) (a).

AB684-engrossed,9,6 (9) "Endangered or threatened species" means those species of wild animals that are indigenous to the United States or Canada and are identified on the federal list of endangered and threatened species or on the Wisconsin list of endangered and threatened species.

AB684-engrossed,9,9 (10) "Environmentally injurious wild animal" means a species of wild animal that is not a native wild animal and that is capable of inflicting harm to the environment.

AB684-engrossed,9,11 (11) "Exhibit" means to display for the purpose of public viewing, regardless of whether a fee is charged.

AB684-engrossed,9,12 (12) "Farm-raised deer" has the meaning given in 95.001 (1) (a).

AB684-engrossed,9,13 (13) "Free-roaming" means not captive.

AB684-engrossed,9,16 (14) "Fur-bearing wild animal" includes badger, beaver, bobcat, coyote, fisher, red fox, gray fox, lynx, marten, mink, muskrat, opossum, otter, raccoon, skunk, weasel and wolf.

AB684-engrossed,9,20 (15) "Harm to the environment" includes adversely affecting the natural population dynamics of wild animals or wild plants, adversely affecting the habitat of wild animals or wild plants or displacing wild animals or wild plants from any part of their habitat.

AB684-engrossed,9,21 (16) "Humane officer" means an officer appointed under s. 173.03.

AB684-engrossed,9,23 (17) "Inherently dangerous wild animal" means a species of wild animal that is capable of inflicting severe bodily harm to a human.

AB684-engrossed,10,3 (18) "Introduce" means to release for the purpose of allowing the animal to establish a population in an area in the wild where that type of animal is not naturally present at the time the wild animal is released.

AB684-engrossed,10,5 (19) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c) and does not include a conservation warden.

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.