SB307: Bill Text

SB307,62,24 2. The department.

SB307,63,2 (b) For purposes of par. (a) 1., "medical treatment" does not include rehabilitation.

SB307,63,4 (4) Inapplicability to certain wild animals. (a) This section does not authorize the taking of harmful wild animals.

SB307,63,6 (b) The taking of native wild reptiles and native wild amphibians is subject to s. 169.12 and not to this section.

SB307,63,13 169.06 Introduction, stocking, and release of wild animals. (1) Requirement; 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.

SB307,63,17 (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).

SB307,63,21 (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.

SB307,63,23 (d) Introducing, stocking, or releasing a wild animal under this section is subject to all of the following requirements:

SB307,64,5 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), the person introducing, stocking, or releasing the wild animal shall ensure that a veterinarian files a copy of a valid certificate of veterinary inspection with the department of agriculture, trade and consumer protection certifying that the wild animal is free of any such diseases before the introducing, stocking, or release.

SB307,64,9 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 meet all of the following requirements:

SB307,64,12 a. The wild birds originate from a flock of a person participating in the national poultry improvement plan under 9 CFR part 145 and any other captive wild birds with which they have had contact originate from such a flock.

SB307,64,14 b. Within 30 days before the introducing, stocking, or release, the wild birds meet the requirements of any rules promulgated by the department under sub. (3m).

SB307,64,19 (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 species of wild animals introduced, stocked, or released and the location at which the animals were introduced, stocked, or released.

SB307,64,23 (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).

SB307,64,25 (3m) Introduction requirements. (a) The department may promulgate rules to establish the following:

SB307,65,2 1. Additional requirements that wild animals shall meet before they enter this state.

SB307,65,4 2. Additional requirements that any animals shall meet before they may be introduced, stocked, or released into the wild.

SB307,65,6 (b) The requirements under par. (a) may include mandatory testing of the animals for disease.

SB307,65,8 (4) Exemption. Subsections (1) to (3m) do not apply to wild animals that are released into the wild after being accidentally trapped or confined.

SB307,65,13 169.07 Exhibition of live wild animals. (1) Requirement. (a) No person may exhibit any captive live native wild animal or any captive live nonnative wild animal of the family ursidae except as authorized under a captive wild animal farm license, a rehabilitation license, a nonprofit educational exhibiting license, or a nonresident temporary exhibiting license or under s. 29.319.

SB307,65,16 (b) If a person exhibits a wild animal subject to par. (a) under the authority of a captive wild animal farm license or a rehabilitation license, the person may exhibit only those species of wild animals that are specified by the department on the license.

SB307,65,19 (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. 169.04 (4) (a) or (b).

SB307,65,21 (3) Exemption for certain institutions. Each of the following is exempt from the requirements under sub. (1):

SB307,65,22 (a) A public zoo or aquarium.

SB307,65,23 (b) A circus or the Circus World Museum located in Baraboo, Wisconsin.

SB307,65,24 (c) The department.

SB307,65,25 (d) A person who is licensed under s. 95.68.

SB307,66,2 (e) A person who is licensed under s. 95.69 and who possesses wild animals for 10 days or less and solely for the purpose of resale or slaughter.

SB307,66,4 (4) Inapplicability to certain wild animals. This section does not authorize the exhibiting of harmful wild animals.

SB307,66,9 169.08 Propagation of wild animals. (1) Requirement. No person may propagate any native wild animal or any nonnative wild animal of the family ursidae except as authorized under a captive wild animal farm license, a bird hunting preserve license, a wild fur farm license, a nonprofit educational exhibiting license, or a scientific research license.

SB307,66,12 (2) Exemption for certain wild animals. A person is exempt from the requirement under sub. (1) if the wild animal that the person propagates is a wild animal that is exempt under s. 169.04 (4) (a) or (b).

SB307,66,14 (3) Exemption for certain institutions. Each of the following is exempt from the requirement under sub. (1):

SB307,66,15 (a) A public zoo or aquarium.

SB307,66,16 (b) A circus or the Circus World Museum located in Baraboo, Wisconsin.

SB307,66,17 (c) The department.

SB307,66,19 (4) Inapplicability to certain wild animals. This section does not authorize the propagating of harmful wild animals.

SB307,66,21 169.085 Rehabilitation of wild animals. (1) Requirement. No person may rehabilitate any wild animal except as authorized under a rehabilitation license.

SB307,66,23 (2) Inapplicability to certain wild animals. This section does not authorize the rehabilitation of harmful wild animals.

SB307,67,2 169.09 Hunting of captive wild animals. (1) Requirement; generally. No person may hunt a captive 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, or a hound dog trial license.

SB307,67,5 (2) Requirement; commercial hunting. No person may sell or offer to sell or purchase or offer to purchase the opportunity to hunt any wild animal that is or has been captive except as authorized under a bird hunting preserve license.

SB307,67,9 169.10 Sale and purchase of live wild animals. (1) Sale. Except as authorized under a captive wild animal farm license, a bird hunting preserve license, a wild fur farm license, or a nonprofit educational exhibiting license or under s. 29.319, no person may sell or offer to sell any of the following:

SB307,67,10 (a) Any live native wild animal that is not exempt under s. 169.04 (4) (a).

SB307,67,11 (b) Any live nonnative wild animal that is not exempt under s. 169.04 (4) (b).

SB307,67,17 (2) Purchase. (a) Except as provided under par. (b) and except as authorized under a captive wild animal farm license, 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 nonprofit educational exhibiting license, or a stocking license or under s. 29.319, no person may purchase or offer to purchase any of the following:

SB307,67,18 1. Any live native wild animal that is not exempt under s. 169.04 (4) (a).

SB307,67,19 2. Any live nonnative wild animal that is not exempt under s. 169.04 (4) (b).

SB307,67,22 (b) A nonresident who purchases a live wild animal is exempt from holding a license under this chapter to possess the wild animal if the nonresident possesses the wild animal in this state for not more than 10 days after the date of purchase.

SB307,67,24 (4) Exemption for certain institutions. Each of the following is exempt from the requirements under subs. (1) and (2):

SB307,67,25 (a) A public zoo or aquarium.

SB307,68,1 (b) A circus or the Circus World Museum located in Baraboo, Wisconsin.

SB307,68,2 (c) The department.

SB307,68,3 (d) A person who is licensed under s. 95.68 or 95.69.

SB307,68,5 (5) Inapplicability to certain wild animals. (a) This section does not authorize the selling or purchasing of harmful wild animals.

SB307,68,7 (b) The selling and purchasing of native wild reptiles and native wild amphibians is subject to s. 169.12 and not to this section.

SB307,68,13 169.11 Harmful wild animals. (1) Designation. (a) The department shall designate by rule cougars and members of the family ursidae as harmful wild animals. After consulting with the department of agriculture, trade and consumer protection and the department of health and family services, the department of natural resources may designate by rule other species of wild animals as harmful wild animals if any of the following apply:

SB307,68,15 1. The wild animal is not a native wild animal and is capable of inflicting harm to the environment.

SB307,68,17 2. The wild animal is capable of creating a risk to public health or to the health of domestic animals.

SB307,68,19 3. The wild animal is capable of inflicting severe physical harm to humans or to domestic animals.

SB307,68,22 (b) No person may possess, take, propagate, sell, purchase, transfer, exhibit, or rehabilitate a live harmful wild animal unless specifically authorized to do so by the department.

SB307,68,25 (c) No person may introduce, stock, or release, or import into this state to introduce, stock, or release, any harmful wild animal unless specifically authorized to do so by the department under s. 169.06 (1) (c).

SB307,69,2 (3) Exemptions. (a) Public zoos and aquariums are exempt from the prohibition under sub. (1) (b).

SB307,69,4 (b) 1. Veterinarians are exempt from the prohibition under sub. (1) (b) for the purpose of providing medical treatment to harmful wild animals.

SB307,69,5 2. For purposes of subd. 1., "medical treatment" does not include rehabilitation.

SB307,69,9 169.12 Sale and purchase of native wild reptiles and wild amphibians. (1) Possession; general. No person may take from the wild or possess live native wild reptiles or live native wild amphibians unless the person is authorized to do so under rules promulgated by the department or unless sub. (3) applies.

SB307,69,12 (3) Possession of native frogs. A person using native frogs for bait while fishing may take from the wild, possess, and kill more than 5 native frogs, but may not possess more than 5 of any subspecies of native frog for more than 24 hours.

SB307,69,15 (4) Restrictions on sales and purchases. Unless authorized to do so under rules promulgated by the department, no person may sell or purchase live native wild reptiles or live native wild amphibians except for the following:

SB307,69,18 (a) Color variants of these wild reptiles and wild amphibians that have been bred in captivity and have coloration that is clearly distinct from the normal morphological color patterns.

SB307,69,20 (b) Leopard frogs, mud puppies, and tiger salamanders that are sold or purchased under the authorization of a Class A captive wild animal farm license.

SB307,69,23 (c) Native reptiles or amphibians that are legally taken or reared outside this state and that are sold to educational institutions under the authorization of a Class A captive wild animal farm license.

SB307,70,3 (6) Exemption for veterinarians. (a) Veterinarians are exempt from the requirement under sub. (1) for the purpose of providing medical treatment to native wild reptiles and native wild amphibians.

SB307,70,4 (b) For purposes of par. (a), "medical treatment" does not include rehabilitation.

SB307,70,7 169.14 Carcasses of captive wild animals. (1) Restrictions on sales and purchases. (a) No person may sell the carcass of any captive wild animal unless the seller provides to the purchaser written proof of origin.

SB307,70,10 (b) No person may purchase or possess the carcass of any captive wild animal unless the purchaser maintains written proof of origin during the time the purchaser possesses the carcass.

SB307,70,12 (c) No person may sell or purchase the gallbladder of a bear that was a captive wild animal.

SB307,70,15 (d) No person may preserve and mount a carcass of a captive wild animal for consideration unless that person holds a valid taxidermist permit issued under s. 29.506.

SB307,70,20 (2) Tagging requirements for captive wild animal farms. (a) A person killing a wild animal under the authority of a captive wild animal farm license shall tag the carcass in the manner required by the department before removing the carcass from the farm. No person may remove the tag from the carcass except as provided in par. (b).

SB307,70,24 (b) A person acquiring a carcass tagged under par. (a) that is to be consumed for food may remove the tag at the time the carcass is prepared for final consumption. The person shall keep the tag in evidence until the carcass is consumed or otherwise disposed of.

SB307,71,3 (c) For purposes of pars. (a) and (b), for the carcasses of wild reptiles and wild amphibians, a person need not tag each carcass, but shall tag each shipment in the manner required by the department.

SB307,71,6 (3) Inapplicability to certain carcasses. (a) Subsections (1) and (2) do not apply to the raw fur or dressed fur of fur-bearing wild animals that are possessed as authorized by a license issued under s. 169.18.

SB307,71,8 (c) The selling, purchasing, or possessing of carcasses of endangered or threatened species is subject to s. 29.604 and not to this section.

SB307,71,12 169.15 Captive wild animal farm licenses. (1) Issuance. (a) The department shall issue a Class A captive wild animal farm license to operate a captive wild animal farm that grosses $10,000 or more in annual sales to any person who files a proper application for the license and who pays the applicable fee.

SB307,71,16 (b) The department shall issue a Class B captive wild animal farm license to operate a captive wild animal farm that grosses less than $10,000 in annual sales to any person who files a proper application for the license and who pays the applicable fee.

SB307,71,18 (d) The applicant shall specify the location of the enclosures for the wild animals on the application.

SB307,71,21 (2) Authorization. (a) A captive wild animal farm license authorizes the holder of the license to possess, propagate, kill, exhibit, purchase, and sell live captive wild animals of the species specified by the department on the license.

SB307,71,23 (b) A captive wild animal farm license authorizes the killing of captive wild animals only by the holder of the license or an employee of the holder of the license.

SB307,72,3 (3) Calculation of annual sales. (a) The calculation of annual sales under sub. (1) and par. (b) shall be based on sales from the prior year that involve live captive wild animals that are any of the following:

SB307,72,4 1. Native wild animals.

SB307,72,5 3. Harmful wild animals.

SB307,72,6 4. Endangered or threatened species.