AB614,99,2
1(b) Inspect any equipment, materials, or other activities related to farm-raised
2deer that are white-tailed deer, farm-raised game birds, or wild animals.
AB614,99,53
(c) Gain access to and inspect any records that relate to farm-raised deer that
4are white-tailed deer and that are required to be kept under s. 93.07 (10), 95.55, or
5169.36 (10m) or any rules promulgated under those sections.
AB614,99,86
(d) Gain access to and inspect any records relating to farm-raised game birds
7required to be kept under s. 93.07 (10) or 95.57 or any rules promulgated under those
8sections.
AB614,99,119
(e) Gain access to and inspect any records relating to wild animals required to
10be kept under s. 93.07 (10), 95.68, 95.69, 95.71, or 169.36 (10m) or any rules
11promulgated under those sections.
AB614,99,13
12(2) Times for inspections. An inspection authorized under sub. (1) may be
13conducted during any of the following times:
AB614,99,1414
(a) Normal business hours.
AB614,99,1615
(b) During the time that the person who keeps white-tailed deer, farm-raised
16game birds, or wild animals is conducting business.
AB614,99,1817
(c) At any time, if the inspection is necessary for public health, safety, or
18welfare.
AB614,99,2119
(d) At any time, if the inspection is limited to determining whether a fence that
20is used to contain farm-raised deer that are white-tailed deer complies with the
21requirements established by rule under s. 90.21 (6).
AB614,99,24
22169.39 Humane care and housing. (1) Compliance with rules. No license
23may be issued under this chapter unless the department determines that the
24applicant will comply with all of the rules promulgated under subs. (2) and (3).
AB614,100,3
1(2) Rules; general. The department shall promulgate and enforce rules for the
2housing, care, treatment, enrichment, feeding, and sanitation of wild animals
3subject to regulation under this chapter to ensure all of the following:
AB614,100,44
(a) That the wild animals receive humane treatment and enrichment.
AB614,100,55
(b) That the wild animals are held under sanitary conditions.
AB614,100,66
(c) That the wild animals receive adequate housing, care, and food.
AB614,100,77
(d) That the public is protected from injury by the wild animals.
AB614,100,14
8(3) Rules; housing. The rules for housing under sub. (2) shall include
9requirements for the size and location of permanent enclosures and of temporary
10enclosures at locations other than those where the wild animals are permanently
11housed. The rules regulating the location of enclosures shall include the distance
12required between 2 enclosures. The rules for housing shall include specifications for
13enclosures for each species of harmful wild animal that the department designates
14under s. 169.11 (1).
AB614,100,16
15(4) Orders. The department may issue an order requiring any person holding
16a license under this chapter to comply with the rules promulgated under sub. (2).
AB614,100,22
17169.40 Trespassing. A person who hunts, traps, kills, or takes a wild animal
18subject to regulation under this chapter on land subject to a license issued under this
19chapter without the permission of the license holder or of the holder's employee or
20agent is liable to the license holder for any damage that the person causes to any wild
21animal that is subject to regulation under this chapter or to any property or land that
22is subject to the license.
AB614,101,2
23169.42 Taking custody of captive wild animals. (1) Intake of wild
24animals. A conservation warden may take into custody a wild animal that is subject
25to regulation under this chapter on behalf of the department if the conservation
1warden has reasonable grounds to believe that the wild animal is one of the
2following:
AB614,101,33
(a) An abandoned or stray captive wild animal.
AB614,101,44
(b) An unwanted captive wild animal delivered to the conservation warden.
AB614,101,75
(c) A wild animal possessed, taken, introduced, stocked, released, exhibited,
6propagated, rehabilitated, hunted, sold, or purchased in violation of this chapter, any
7rule promulgated under this chapter, or any ordinance enacted under s. 169.43.
AB614,101,98
(d) A captive wild animal that is not confined as required by a quarantine under
9s. 93.07 (10) or any rule or ordinance relating to the control of any animal disease.
AB614,101,1010
(e) A captive wild animal that has caused damage to persons or property.
AB614,101,1111
(f) A participant in an animal fight intentionally instigated by any person.
AB614,101,1312
(g) A captive wild animal that has been mistreated in violation of this chapter,
13any rule promulgated under this chapter, or ch. 951.
AB614,101,1414
(h) A captive wild animal delivered by a veterinarian under s. 173.13 (2).
AB614,101,1915
(i) A captive wild animal that is dead, dying, or sick and that has been exposed
16to, or is known to be infected with, a contagious or infectious disease as defined in
17the rules promulgated by the department of agriculture, trade and consumer
18protection under s. 95.001 (2) or with a disease or parasite that has pathological
19significance to humans or to any animals.
AB614,101,2120
(j) A captive wild animal that has escaped and has not been returned to its
21owner or another person who is authorized to possess the animal.
AB614,101,2222
(k) A wild animal that is being housed or held in violation of s. 169.39.
AB614,101,25
23(2) Transfer of wild animals. (a) A conservation warden shall accept into
24custody any wild animal that is delivered by a law enforcement officer or humane
25officer.
AB614,102,3
1(b) A conservation warden and the department shall comply with the
2applicable procedures under ss. 29.931, 29.934, and 968.20 as they relate to seized
3and confiscated wild animals, carcasses, vehicles, boats, or other objects or property.
AB614,102,5
4169.43 Local ordinances. A municipality or county may enact and enforce
5an ordinance that prohibits the possession or selling of live wild animals.
AB614,102,8
6169.45 Penalties; revocations. (1) Definition. In this section, "violation of
7this chapter" means a violation of this chapter or any rule promulgated under this
8chapter.
AB614,102,10
9(2) Penalties. For a violation of this chapter, a person shall be subject to a
10forfeiture of not more than $200, except as follows:
AB614,102,1311
(a)
Possession. For possessing any live wild animal, or a carcass of a wild
12animal, in violation of this chapter, a person shall forfeit not less than $100 nor more
13than $500.
AB614,102,1614
(b)
Sale or purchase. For selling or purchasing any live wild animal in violation
15of this chapter, a person shall be fined not less than $100 nor more than $2,000 or
16imprisoned for not more than 6 months or both.
AB614,102,2117
(c)
Possession, sale, release, and descenting of live skunks. For possessing,
18selling, purchasing, descenting, introducing, stocking, or releasing into the wild a
19live skunk in violation of this chapter, a person shall forfeit not less than $100 nor
20more than $1,000. This penalty shall apply in lieu of the penalties under pars. (a)
21and (b).
AB614,102,2422
(d)
Taking of bear and deer. For taking bear or deer from the wild in violation
23of s. 169.05, or a rule promulgated thereunder, a person shall be fined not less than
24$1,000 nor more than $2,000 or imprisoned for not more than 6 months or both.
AB614,103,3
1(e)
Harmful wild animals. For a violation of s. 169.11 (2) (b) or (c), a person shall
2be fined not less than $500 nor more than $5,000 or imprisoned for not more than
36 months or both.
AB614,103,74
(g)
Obtaining license during period of revocation. For obtaining any license
5under this chapter during the period of time when that license is revoked or
6suspended by any court, a person shall be fined not more than $200 or imprisoned
7for not more than 90 days or both.
AB614,103,10
8(3) Penalty; violation of order. Any person who fails to comply with an order
9issued under s. 169.39 (4) within 10 days after its issuance is subject to a forfeiture
10of not more than $200.
AB614,103,13
11(4) Diminished penalties. No penalty imposed under sub. (2) shall be held to
12be diminished because the violation for which it is imposed falls also within the scope
13of a more general prohibition.
AB614,103,18
14(5) Penalties; repeaters. If a person is convicted of any violation of this chapter
15and it is alleged in the indictment, information, or complaint, and proved or admitted
16at trial or ascertained by the court after conviction that the person was previously
17convicted within a period of 5 years for a violation of this chapter, the person shall
18be subject to all of the following in addition to the penalty for the current violation:
AB614,103,2019
(a) The person shall be fined not more than $100 or imprisoned for not more
20than 6 months or both.
AB614,103,2421
(b) For violations under sub. (2) (a), (b), (d), and (e), the court shall revoke all
22of the licenses issued to the person under this chapter, and the department may not
23issue any license under this chapter to the person for a period of one year after the
24current conviction.
AB614,104,3
1(6) Court revocations and suspensions. In addition to or in lieu of any other
2penalty for violation of this chapter, the court may revoke or suspend any privilege
3or license under this chapter for a period of up to 3 years.
AB614,104,6
4(7) Revocations by the department. In addition to revocations under subs. (5)
5(b) and (6), the department may revoke any license to which any of the following
6applies:
AB614,104,87
(a) The department determines that the license was fraudulently procured,
8erroneously issued, or otherwise prohibited by law.
AB614,104,109
(b) The department determines that the person holding the license is not in
10compliance with this chapter or with a rule promulgated under this chapter.
AB614,104,15
11(8) Prohibitions during periods of suspension or revocation. (a) Any person
12who has had a license or privilege under this chapter revoked or suspended and who
13engages in the activity authorized by the license or in the privilege during the period
14of revocation or suspension is subject to the following penalties, in addition to any
15other penalty imposed for failure to have a license:
AB614,104,1716
1. For the first conviction, the person shall forfeit not less than $300 nor more
17than $500.
AB614,104,1918
2. If the number of convictions in a 5-year period equals 2 or more, the person
19shall be fined not less than $500 nor more than $1,000.
AB614,104,2120
(b) The 5-year period under par. (a) 2. shall be measured from the dates of the
21violations which resulted in the convictions.
AB614,105,2
22(9) Parties to a violation. (a) Whoever is concerned in the commission of a
23violation of this chapter is a principal and may be charged with and convicted of the
24violation of this chapter although he or she did not directly commit it and although
1the person who directly committed it has not been convicted of the violation of this
2chapter.
AB614,105,43
(b) A person is concerned in the commission of the violation of this chapter if
4the person does any of the following:
AB614,105,55
1. Directly commits the violation of this chapter.
AB614,105,66
2. Aids and abets the commission of the violation of this chapter.
AB614,105,87
3. Is a party to a conspiracy with another to commit the violation of this chapter
8or advises, hires, or counsels or otherwise procures another to commit it.
AB614,105,13
9169.46 Natural resources assessments and restitution payments. (1)
10Natural resources assessments. (a) If a court imposes a fine or forfeiture for a
11violation of this chapter or a rule promulgated under this chapter, the court shall
12impose a natural resources assessment equal to 75% of the amount of the fine or
13forfeiture.
AB614,105,1514
(b) If a fine or forfeiture is suspended in whole or in part, the natural resources
15assessment shall be reduced in proportion to the suspension.
AB614,105,2116
(c) If any deposit is made for an offense to which this subsection applies, the
17person making the deposit shall also deposit a sufficient amount to include the
18natural resources assessment prescribed in this subsection. If the deposit is
19forfeited, the amount of the natural resources assessment shall be transmitted to the
20state treasurer under par. (d). If the deposit is returned, the natural resources
21assessment shall also be returned.
AB614,106,222
(d) The clerk of the court shall collect and transmit to the county treasurer the
23natural resources assessment and other amounts required under s. 59.40 (2) (m).
24The county treasurer shall then make payment to the state treasurer as provided in
1s. 59.25 (3) (f) 2. The state treasurer shall deposit the amount of the natural
2resources assessment in the conservation fund.
AB614,106,43
(e) All moneys collected from natural resources assessments shall be deposited
4in the conservation fund and credited to the appropriation under s. 20.370 (3) (mu).
AB614,106,9
5(2) Natural resources restitution payments. (a) If a court imposes a fine or
6forfeiture for a violation of this chapter for failure to obtain a license required under
7this chapter, the court shall impose a natural resources restitution payment equal
8to the amount of the fee for the license that was required and should have been
9obtained.
AB614,106,1210
(b) If a fine or forfeiture is suspended in whole or in part, the natural resources
11restitution payment shall be reduced in proportion to the suspension unless the court
12directs otherwise.
AB614,106,1813
(c) If any deposit is made for an offense to which this subsection applies, the
14person making the deposit shall also deposit a sufficient amount to include the
15natural resources restitution payment prescribed in this subsection. If the deposit
16is forfeited, the amount of the natural resources restitution payment shall be
17transmitted to the state treasurer under par. (d). If the deposit is returned, the
18natural resources restitution payment shall also be returned.
AB614,106,2319
(d) The clerk of the court shall collect and transmit to the county treasurer the
20natural resources restitution payment and other amounts required under s. 59.40
21(2) (m). The county treasurer shall then make payment to the state treasurer as
22provided in s. 59.25 (3) (f) 2. The state treasurer shall deposit the amount of the
23natural resources restitution payment in the conservation fund.
AB614,107,3
1(e) All moneys collected from natural resources restitution payments shall be
2deposited in the conservation fund and credited to the appropriation account under
3s. 20.370 (3) (mu).
AB614, s. 225
4Section
225. 173.23 (1m) (b) of the statutes is amended to read:
AB614,107,65
173.23
(1m) (b) If the animal is not a dog or cat, sell the animal at public
6auction, including sale at a licensed
livestock animal market.
AB614, s. 226
7Section
226. 174.001 (3) of the statutes is amended to read:
AB614,107,118
174.001
(3) "Livestock" means any horse, bovine, sheep, goat, pig,
elk or other
9deer raised in captivity, llama, alpaca, domestic rabbit, farm-raised deer, as defined
10in s. 95.001 (1)
(a) (ag), or domestic fowl, including
game fowl raised in captivity any
11farm-raised game bird, as defined in s. 169.01 (12m).
AB614, s. 227
12Section
227. 350.01 (5) of the statutes is repealed.
AB614, s. 228
13Section
228. 814.60 (2) (e) of the statutes is amended to read:
AB614,107,1514
814.60
(2) (e) Natural resources restitution payment imposed by s.
169.46 (2)
15or 29.989.
AB614, s. 229
16Section
229. 895.57 (3) of the statutes is amended to read:
AB614,107,2317
895.57
(3) Subsection (2) does not apply to any humane officer, local health
18officer, peace officer, employee of the department of natural resources while on any
19land licensed under s.
29.865, 29.867, 29.869 or 29.871 169.15, 169.18, or 169.19,
20subject to certification under s. 90.21, or designated as a wildlife refuge under s.
2129.621 (1) or employee of the department of agriculture, trade and consumer
22protection if the officer's or employee's acts are in good faith and in an apparently
23authorized and reasonable fulfillment of his or her duties.
AB614, s. 230
24Section
230. 943.75 (3) of the statutes is amended to read:
AB614,108,8
1943.75
(3) Subsections (2) and (2m) do not apply to any humane officer, local
2health officer, peace officer, employee of the department of natural resources while
3on any land licensed under s.
29.865, 29.867, 29.869 or 29.871 169.15, 169.18, or
4169.19, subject to certification under s. 90.21, or designated as a wildlife refuge under
5s. 29.621 (1) or employee of the department of agriculture, trade and consumer
6protection if the officer's or employee's acts are in good faith and in an apparently
7authorized and reasonable fulfillment of his or her duties. This subsection does not
8limit any other person from claiming the defense of privilege under s. 939.45 (3).
AB614, s. 231
9Section
231. 951.01 (1m) of the statutes is created to read:
AB614,108,1010
951.01
(1m) "Conservation warden" means a warden appointed under s. 23.10.
AB614, s. 232
11Section
232. 951.015 of the statutes is renumbered 951.015 (1) and amended
12to read:
AB614,108,1713
951.015
(1) This chapter may not be interpreted as controverting any law
14regulating
wild animals that are subject to regulation under ch. 169, the taking of
15 a wild animal wild animals, as defined in s. 29.001 (90),
the trapping of animals, the
16use of live animals in dog trials or in the training of hunting dogs or the slaughter
17of animals by persons acting under state or federal law.
AB614, s. 233
18Section
233. 951.015 (2) of the statutes is created to read:
AB614,108,2119
951.015
(2) For purposes of enforcing this chapter as to wild animals subject
20to regulation under ch. 169, a conservation warden has the same powers and duties
21that a law enforcement officer has under this chapter.
AB614, s. 234
22Section
234. 951.09 of the statutes is renumbered 951.09 (1) and amended to
23read:
AB614,109,624
951.09
(1) No person may
instigate, promote, aid or abet as a principal, agent,
25employee, participant or spectator, or participate in the earnings from, or
1intentionally maintain or allow any place to be used for the shooting, killing or
2wounding shoot, kill, or wound with a firearm
, or
with any deadly weapon, any
3animal that is tied, staked out, caged or otherwise intentionally confined in
a
4man-made an artificial enclosure, regardless of size.
Nothing in this section
5prohibits the shooting of any wild game in its wild state or the shooting of game birds
6and waterfowl at licensed game farms or licensed shooting preserves.
AB614, s. 235
7Section
235. 951.09 (2) of the statutes is created to read: