AB614: Bill Text

LRB-2708/3

MGG&RNK:cjs:jf

2001 - 2002 LEGISLATURE

2001 Assembly BILL 614

November 6, 2001 - Introduced by Representatives Johnsrud, Ott, Musser, Gunderson, Miller, Shilling, Albers, J. Lehman, Pettis, Nass, M. Lehman, Townsend, Freese, Hahn, Loeffelholz, Krawczyk, Sykora, D. Meyer and Kedzie, cosponsored by Senators Moen, Schultz, Burke, Darling, Hansen and Wirch. Referred to Committee on Natural Resources.

AB614,3,8 An Act to repeal 29.024 (2r) (a) 17., 29.024 (2r) (a) 18., 29.024 (2r) (a) 19., 29.024 (2r) (a) 20., 29.024 (2r) (a) 21., 29.321, 29.354 (4), 29.563 (9) (intro.) and (a) (title), 29.563 (9) (a) 2. to 10. and (b), 29.563 (9) (c), 29.741 (1), 29.745, 29.853 (title), 29.853 (1), 29.853 (2), 29.853 (3), 29.853 (4m), 29.853 (5) (title), 29.855 (title), 29.855 (1), 29.855 (2), 29.855 (3), 29.855 (4) (title), 29.855 (5), 29.855 (6), 29.855 (7), 29.857, 29.861, 29.863, 29.865, 29.867, 29.869, 29.871, 29.877, 29.879, 29.881, 93.07 (10) (a), 95.45 (2), 95.45 (3), 95.71 (1) (c), 95.71 (1) (d) and 350.01 (5); to renumber 23.51 (1), 29.563 (9) (a) 1., 29.873, 29.974 (2), 95.55 (1) (b), 95.60 (1) (a), 95.68 (1) (a), 95.69 (1) (b) and 95.71 (1) (b); to renumber and amend 29.334, 29.351, 29.354 (2), 29.741 (2), 29.853 (5), 29.855 (4), 93.07 (10) (b), 95.001 (1) (a), 95.68 (1) (e), 95.68 (1) (f), 95.68 (2m), 95.71 (1) (g), 951.015 and 951.09; to consolidate, renumber and amend 95.60 (1) (intro.) and (b); to amend 20.115 (2) (ha), 20.370 (1) (mu), 20.370 (3) (mu), 23.09 (2) (f), 23.50 (1), 23.50 (3), 23.51 (5), 23.65 (1), 25.29 (1) (a), 25.29 (4m), 29.001 (24), 29.001 (26), 29.001 (39), 29.001 (60), 29.024 (1), 29.024 (2g) (a) 2., 29.024 (2r) (am), 29.042 (1), 29.047 (2) (b), 29.055, 29.057, 29.071, 29.191 (2) (a) 3., 29.319 (1) (intro.), 29.334 (title), 29.337 (1) (intro.), 29.347 (2), 29.354 (1), 29.357 (5) (b), 29.506 (4), 29.539 (1m), 29.541 (3), 29.614 (3), 29.875 (1), 29.885 (1) (f), 29.889 (1) (intro.), 29.889 (1) (a), 29.924 (4), 29.927 (5), 29.931 (1), 29.931 (2) (a), 29.934 (1) (a), 29.957, 29.969, 29.971 (14), 29.977 (1) (g), 29.983 (1) (b) 7., 49.857 (1) (d) 2., 59.25 (3) (f) 2., 59.40 (2) (m), 73.0301 (1) (d) 1., 90.20 (title), 90.20 (1) (a), 90.20 (2) (intro.), 93.06 (1g), 95.10 (5), 95.12, 95.13, 95.17, 95.24 (3) (a) (intro.), 95.24 (3) (a) 1., 95.24 (3) (a) 2., 95.24 (3) (a) 3., 95.31 (1), 95.31 (2), 95.31 (3), 95.31 (4), 95.38 (1), 95.49 (1) (e), 95.49 (1m) (e), 95.49 (2), 95.55 (title), 95.68 (title), 95.68 (1) (b), 95.68 (2), 95.68 (4) (intro.), 95.68 (4) (a), 95.68 (4) (b), 95.68 (4) (c), 95.68 (5) (a) 1., 95.68 (5) (a) 2., 95.68 (5) (b), 95.68 (5) (c), 95.68 (7), 95.68 (8), 95.69 (title), 95.69 (1) (c) (intro.), 95.69 (1) (c) 1., 95.69 (1) (d), 95.69 (1) (e), 95.69 (1) (f), 95.69 (2), 95.69 (4), 95.69 (5) (a) 1., 95.69 (5) (a) 2., 95.69 (5) (b), 95.69 (5) (c), 95.69 (7), 95.69 (8), 95.69 (8m), 95.71 (title), 95.71 (1) (e), 95.71 (1) (f), 95.71 (2), 95.71 (3), 95.71 (4), 95.71 (5) (a), 95.71 (5) (b), 95.71 (6) (a) (intro.), 95.71 (6) (a) 1., 95.71 (6) (a) 2., 95.71 (6) (b), 95.71 (6) (c), 95.71 (8), 95.72 (7) (a), 97.42 (1) (dm), 97.44 (3), 100.04 (1), 167.31 (4) (b), 173.23 (1m) (b), 174.001 (3), 814.60 (2) (e), 895.57 (3), 943.75 (3), 951.18 (4) (a) 2., 951.18 (4) (b) 1. and 973.05 (1); to repeal and recreate 95.20, 95.22, 95.45 (title) and 95.68 (2m) (title); and to create 23.51 (1d), 23.51 (9m), 23.795 (3), 23.795 (4), 29.001 (25m), 29.011 (3), 29.334 (3), 29.351 (2m), 29.354 (2) (b), 29.354 (5), 29.501 (9m), 29.931 (4), 29.974 (2) (a), 90.21, 93.07 (10m), 95.001 (1) (ad), 95.001 (1) (ah), 95.001 (1) (ai), 95.45 (4), 95.45 (5), 95.55 (1) (b) 2., 95.55 (3m), 95.55 (5), 95.55 (6), 95.57, 95.68 (1) (g), 95.68 (2m) (b), 95.68 (5) (a) 1m., 95.68 (5) (a) 2m., 95.69 (1) (c) 2m., 95.69 (1) (h), 95.69 (2m), 95.69 (5) (a) 1m., 95.69 (5) (a) 2m., 95.71 (1) (i), 95.71 (6) (a) 1m., 95.71 (6) (a) 2m., chapter 169, 951.01 (1m), 951.015 (2), 951.09 (2) and 951.09 (3) of the statutes; relating to: the possession of wild animals and their carcass parts; farm-raised deer; farm-raised game birds; animal health and animal markets, dealers, and truckers; participation in the national poultry improvement plan; taking, removing, selling, and transporting certain wild plants; granting rule-making authority; making appropriations; and providing penalties.

Analysis by the Legislative Reference Bureau

Licensing

This bill creates a new regulatory structure under the department of natural resources (DNR) for captive wildlife and expands the scope of certain licensing and registration requirements administered by the department of agriculture, trade and consumer protection (DATCP). Current law authorizes DNR to issue licenses to persons possessing captive wildlife. These licenses include deer farm licenses for white-tailed deer and certain types of nonnative deer, game bird and animal farm licenses, pheasant and quail farm licenses, and fur animal farm licenses (game farm licenses). Under current law, wild animals that are not game animals or game birds or wild fur-bearing animals are exempt from any licensing requirements for simple possession. Current law requires a license issued by DNR for exhibiting any wild animal unless the wild animal is being exhibited by a zoo, a circus, the state, or an educational institution. Current law requires a game farm license or other permit issued by DNR to propagate wild animals. Finally, current law requires a game farm license to sell wild animals.

This bill eliminates all of the current licenses and creates numerous types of licenses which include the following:

1. Class A and Class B captive wild animal farm licenses which authorize the possessing, propagating, killing, exhibiting, purchasing, and selling of live captive wild animals, except all species of captive deer, the keeping of which are regulated under the bill by DATCP.

2. A wild fur farm license which authorizes the possession, propagation, trapping, and sale of certain fur-bearing animals, including beaver, coyote, mink, otter, muskrat, and raccoon.

3. Class A and Class B bird hunting preserve licenses which authorize the possessing, stocking, propagating, releasing, selling, purchasing, capturing, and hunting of live pheasants, quail, partridge, mallard ducks, and wild turkeys. These species of wild birds, when they are on hunting preserves, are exempt from current law that regulates the hunting and possession of these species when they are found in the wild.

4. Dog training licenses which authorize the purchase, possession, release, and hunting of captive wild animals for training hunting dogs.

5. Dog trial licenses which authorize the purchase, possession, release, and hunting of captive wild animals for competitive field events.

6. A rehabilitation license which authorizes the possession and rehabilitation of live wild animals.

7. A scientific research license which authorizes the taking from the wild, possessing, killing, and propagating of wild animals for research purposes.

8. An exhibiting license which authorizes nonresidents and certain nonprofit organizations to possess and exhibit live wild animals.

9. An initial validation license for which a person is eligible if the person holds a wildlife exhibit or game farm license at the time that this bill becomes law. This validation license authorizes the person to continue an activity that was authorized under the original wildlife exhibit or game farm license but that is no longer allowed under the provisions created in this bill.

10. A subsequent validation license for which a person is eligible if the person held a wildlife exhibit or game farm license at the time that this bill becomes law and if the person holds any necessary license under the provisions created in this bill. This validation license authorizes the person to continue an activity that was authorized under the original wildlife exhibit or game farm license and under the license needed under this bill's provisions but that is subsequently no longer allowed due to the promulgation of rules by DNR under DNR's authority to impose additional requirements on holders of these licenses.

The bill transfers the regulatory authority over deer farms from DNR to DATCP by requiring that farms with any species of deer be registered with DATCP. Under current law, only certain species of nonnative deer and farm-raised elk are subject to regulation as farm-raised deer by DATCP. The bill authorizes DATCP to exempt groups of persons or species of deer from this registration requirement.

Under the bill, the licensing requirements administered by DATCP for persons conducting livestock markets, dealing in livestock, or transporting livestock are expanded to apply to captive wild animals. The bill exempts persons who hold licenses created under this bill that authorize the sale and purchase of wild animals from the livestock dealer license. The bill also authorizes DATCP to exempt groups of persons from these licensing requirements.

Public zoos and aquariums and circuses are exempt from most of these licensing requirements.

Types of wild animals subject to dnr licensing requirements

Under current law, all wild animals, including fish, mollusks, and insects, are subject to regulation as wildlife. This bill excludes fish entirely from the regulatory structure created in this bill, and the importing of fish for stocking and the stocking of fish are not affected by this bill. The bill also excludes domestic animals from this regulatory structure and excludes insects and mollusks that are regulated by DATCP. The bill defines "domestic animals" to be animals that are on a list of domestic animals promulgated by DATCP for purposes of this new regulatory structure. DATCP must include fur-bearing animals bred and raised in captivity on this list. The bill also defines "domestic animals" for purposes of captive wildlife regulation to include certain types of pet birds, farm-raised game birds, and any species of captive deer, the keeping of which is exclusively regulated by DATCP under the bill. The bill defines a "farm-raised game bird" to be a nonnative wild bird that is kept in captivity but not on a bird hunting preserve or a captive wild animal farm and not for the purpose of dog training or dog trials.

Under this bill, most wild animals native to this state are subject to licensing requirements except for common species such as ground squirrels, mice, opossum, porcupines, pigeons, and sparrows. Most types of wild animals that are not native to this state are exempt from the licensing requirements except for certain nonnative wild birds and nonnative harmful wild animals.

The bill authorizes DNR to promulgate rules to designate species of wild animals as harmful wild animals and imposes additional restrictions on the possession of these animals. Nonnative animals that may inflict harm on the environment, wild animals that are capable of creating a risk to public health or the health of domestic animals, and wild animals that are capable of inflicting severe physical harm to humans or domestic animals may be designated by DNR to be harmful. DNR must designate cougars and all species of bear as harmful under these rules.

Endangered and threatened species that are native to the United States or to Canada are subject to regulation both under this bill and the other state laws covering endangered and threatened species. Endangered and threatened species in this state that are not native to the United States or to Canada are not subject to regulation under the provisions created in this bill but are subject to other state laws covering endangered and threatened species.

The bill imposes specific regulatory schemes on native reptiles and amphibians. The bill also imposes some tagging, record-keeping, and labeling requirements for the sale and purchase of certain captive wild animal parts. The bill prohibits the sale of gall bladders taken from the carcasses of captive bear.

Hunting and killing captive wild animals

Under current law, hunting of wild animals that are enclosed in game farms is permitted on deer farms, pheasant and quail farms, and game animal and bird farms and and trapping permitted on fur animal farms. For wild animals other than captive deer, the bill prohibits hunting except under the authority of a bird hunting preserve license, a dog training or trial license, or a validation license if hunting was authorized under the holder's original license. For captive deer, the bill authorizes the hunting of all species of captive deer on deer farms registered with DATCP. The bill prohibits selling or purchasing the opportunity to hunt any captive wild animal except the hunting of certain wild birds as authorized under a bird hunting preserve license and the hunting of all species of deer on the deer farms registered by DATCP if the area in which the deer are confined is 80 or more contiguous acres.

Current law prohibits any person from killing or wounding with a deadly weapon any animal, wild or domesticated, that is intentionally confined. Confinement under current law includes being tied, staked out, or held captive in an enclosure, regardless of size. Current law provides an exception to this prohibition for game farms licensed by DNR. The bill provides an exception for deer farms registered with DATCP and bird hunting preserves licensed under provisions created in this bill. The bill also specifically exempts animals that are killed or wounded in accordance with normally accepted animal husbandry practices.

Under current law, a conservation warden may not enforce the prohibition forbidding the killing or wounding of a confined animal with a deadly weapon and other provisions dealing with the treatment of captive animals. This bill specifically authorizes conservation wardens to enforce these provisions.

Fencing requirements for farm-raised deer

Under current law, persons who are required to be registered with DATCP to keep farm-raised deer must enclose the area where the deer are kept with fencing that meets certain statutory specifications, including specifications on strength and height. This bill requires persons who are keeping captive deer to receive a fence inspection certificate from DNR if any or all of the deer are white-tailed deer. To receive this certificate, the deer must be contained with fencing that complies with requirements promulgated by DNR. The bill provides a temporary exemption from this certification requirement for persons who held a deer farm license by DNR at the time this bill becomes law.

Introduction and stocking of wild animals

Under current law, no person may import into this state a wild animal for stocking or releasing into the wild, or stock or release a wild animal, unless the person has a permit issued by DNR. Under the bill, a person may import and stock or release a wild animal if the person has a stocking permit issued by DNR or another type of license which authorizes the stocking or release. These licenses include bird hunting preserve licenses and dog training and trial licenses. In addition, DNR must determine that the wild animal is not detrimental to the state's natural resources. There are also special requirements if the wild animal has been exposed to, or infected with, any contagious disease. At the request of any city, village, or town (municipality) in an area in which wild animals are stocked or released, the person stocking or releasing the animals must report to the municipality the type, number, and location of the wild animals involved.

License fees and requirements, effective periods, and record-keeping requirements

The bill sets specific fees for the licenses created under the bill except that there is no fee for a rehabilitation license or a validation license.

Under the bill, periods of validity for the different types of licenses range from 30 days to five years, with the most common period of validity being from the date of issuance until the following December 31. Under current law, the most common period of validity for game farm licenses is from the date of issuance until the following December 31.

The bill requires DNR to provide any necessary tags at cost.

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. The disclosure requirement for purposes of determining child support delinquency applies to all of the licenses created in this bill. The disclosure requirement for purposes of tax delinquency applies to captive wild animal farm licenses, wild fur farm licenses, and bird hunting preserve licenses.

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 harmful wild animals, and certain families of wild animals, such as 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 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 from DNR unless DNR determines that the person will comply with all of these rules.

The bill expands the provisions authorizing DATCP to control diseases in domestic animals or livestock to cover all animals, including captive wildlife. These provisions include issuing quarantines, prohibiting and regulating the importation and movement of diseased animals, and condemning diseased animals for slaughter or destruction. The bill also expands DATCP's quarantine authority and regulation of movement and importation of animals so that DATCP may exercise this authority to protect the health of humans and all animals as well as the health of domestic animals.

The bill also defines "domestic animal" for purposes of the statutory provisions administered by DATCP that regulate animal health. The definition includes animals that are defined by rule by DATCP to be domestic animals. The definition also specifically includes farm-raised deer, farm-raised game birds, and fish reared on fish farms. The bill authorizes DATCP to require by rule that poultry and farm-raised game birds that are used for breeding purposes originate from a flock of a person participating in the national poultry improvement plan under federal law and requires that any fee DATCP requires for participation be set by rule. The national poultry improvement plan is a plan administered by the U.S. department of agriculture under which a state has the option of requiring participation by poultry producers in the plan in order to improve poultry health and to control diseases in poultry.

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.