SB307: Bill Text

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.

SB307,72,9 (b) For the first year that a person is issued a captive wild animal farm license, the person shall be issued a Class B captive wild animal farm license, unless one of the following applies:

SB307,72,12 1. The person operated a game bird and animal farm licensed under s. 29.867, 1999 stats., on the effective date of this subdivision .... [revisor inserts date], that grossed $10,000 or more in annual sales.

SB307,72,13 2. The person elects to be issued a Class A captive wild animal farm license.

SB307,72,17 (4) Control of wild animals. (a) A person holding a captive wild animal farm license shall control the wild animals at all times in the manner required by the department and shall keep the wild animals at the locations specified on the application for the license.

SB307,72,21 (b) If any member of the family ursidae, felidae, or canidae escapes from its enclosure or fenced area on a captive wild animal farm, the person holding the captive wild animal farm license shall notify the department within 24 hours after the escape.

SB307,72,24 (5) Rules. The department may promulgate rules to establish additional standards, limitations, and requirements for captive wild animal farm licenses and for captive wild animal farms, including fencing of the farms.

SB307,73,3 169.18 Wild fur farm license. (1) Issuance. The department shall issue a wild fur farm license to any person who files a proper application and who pays the applicable fee.

SB307,73,5 (2) Authorization; limitations. (a) A wild fur farm license authorizes all of the following:

SB307,73,7 1. The holder of the license to possess and propagate live muskrat, beaver, coyote, raccoon, otter, and mink on the land subject to the license.

SB307,73,10 2. The holder of the license and other persons authorized by the holder to take the live fur-bearing wild animals specified in subd. 1. or kill by trapping the fur-bearing wild animals specified in subd. 1.

SB307,73,12 3. The holder of the license to sell the live fur-bearing wild animals specified in subd. 1. to persons authorized to possess the fur-bearing wild animals.

SB307,73,15 (b) Section 29.501 applies to the possession and selling of the raw furs and dressed furs of the fur-bearing wild animals that are possessed as authorized under a wild fur farm license.

SB307,73,17 (c) The number of otter that are taken or killed may not exceed the quota established by rule by the department under sub. (5) (a).

SB307,73,19 (3) Eligible land. (a) Except as provided in par. (b), a wild fur farm licensed under this section shall be in a single parcel and may not exceed 640 acres.

SB307,73,23 (b) Upon the request of the applicant for a license under this section, the department shall issue a single license for a wild fur farm that does not meet all of the requirements of par. (a) if the wild fur farm is licensed as a fur animal farm under s. 29.869, 1999 stats., on the effective date of this paragraph .... [revisor inserts date].

SB307,74,3 (4) Exemption from trapping restrictions. Except as provided in sub. (2) (c), a person trapping fur-bearing wild animals on a wild fur farm is exempt from having any trapping approval issued under ch. 29 and is exempt from any closed season restrictions, bag limits, or other conditions or restrictions established by the department under s. 29.014 (1) or 29.192.

SB307,74,5 (5) Rules. (a) The department shall promulgate by rule a quota for taking, or killing by trapping, otter for purposes of this section.

SB307,74,7 (b) The department shall promulgate rules for the purpose of determining whether a piece of land qualifies as a single parcel under sub. (3).

SB307,74,9 (c) The department may promulgate rules to establish additional standards, limitations, and requirements for wild fur farm licenses and for wild fur farms.

SB307,74,12 169.19 Bird hunting preserve licenses. (1) Issuance. The department shall issue a Class A or a Class B bird hunting preserve license to any person who files a proper application and who pays the applicable fee.

SB307,74,14 (2) Authorization. (a) A Class A or a Class B bird hunting preserve license authorizes all of the following:

SB307,74,17 1. Possessing, stocking, propagating, releasing into the wild, selling, and purchasing of live wild birds of the species authorized under par. (b) by the holder of the license.

SB307,74,20 2. Hunting or taking of released wild birds of those species that have been stocked in the preserve by the holder of the license and other persons authorized by the holder.

SB307,74,22 (b) The department may authorize any of the following species of live wild birds under a Class A or a Class B bird hunting preserve license:

SB307,74,24 1. Pheasants of the species Phasianus colchicus or the species Syrmaticus reevesii.

SB307,74,25 2. Quail that are of the subfamily Odontophorinae.

SB307,75,1 3. Gray partridge.

SB307,75,2 4. Chukar partridge.

SB307,75,3 5. Red-legged partridge.

SB307,75,4 6. Mallard ducks that are bred in captivity.

SB307,75,6 7. Wild turkeys, if the wild turkeys are located outside a wild turkey hunting zone established under s. 29.164.

SB307,75,8 (c) The department shall specify on the license the species of wild birds that the department authorizes under the license.

SB307,75,12 (3) Regulation of number of birds. (a) A person holding a bird hunting preserve license may not allow the number of wild birds of a given species in the preserve that are killed or taken in a given year to exceed the number of captive wild birds of that species that have been stocked in the preserve for that license year.

SB307,75,16 (b) A Class A bird hunting preserve license authorizes the person holding the license to possess any number of the species specified in sub. (2) (b) 2. to 7. and requires the person to stock at least 1,001 adult pheasants in the preserve during the license year.