SB307: Bill Text

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.

SB307,75,22 (c) A Class B 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 prohibits the person from stocking more than 1,000 adult pheasants in the preserve. A holder of a Class B bird hunting preserve license possessing pheasants under the license shall stock a minimum of one adult pheasant per 4 acres that are within the boundaries of the licensed preserve during the license year.

SB307,76,3 (4) Requirements for mallard ducks. A person possessing mallard ducks under the authority of a bird hunting preserve license may possess only mallard ducks that are bred in captivity and shall identify them as required under 50 CFR 21.13 (b). The person shall house the mallard ducks in pens that are covered and maintained to prevent free-roaming wild waterfowl from being attracted to the pens with the mallard ducks that are being bred.

SB307,76,9 (4m) Restrictions on hen pheasants. A person holding a Class B bird hunting preserve license may not allow the hunting or taking of hen pheasants beginning on December 15 of each year and ending on the following March 31 within the boundaries of the licensed preserve if the preserve is located totally or partially within a pheasant management zone, as established by the department, for purposes of s. 29.191.

SB307,76,12 (5) Exemption from hunting restrictions. (a) A person hunting or taking wild birds on a bird hunting preserve that have been stocked on the preserve is exempt from having any approval issued under ch. 29.

SB307,76,16 (b) Except as provided in par. (c), a person hunting or taking wild birds on a bird hunting preserve that have been stocked on the preserve 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.

SB307,76,18 (c) A person hunting mallard ducks shall comply with rules promulgated by the department under ss. 29.014 and 29.192 governing the hunting of waterfowl.

SB307,76,21 (6) Rules. The department may promulgate rules to establish additional standards, limitations, and requirements for bird hunting preserve licenses and for bird hunting preserves.

SB307,76,24 169.20 Dog training licenses. (1) Bird dog training license. (a) The department shall issue a bird dog training license to any individual who is at least 12 years of age who files a proper application and who pays the applicable fee.

SB307,77,4 (b) Except as provided in par. (c), a bird dog training license authorizes the holder of the license to purchase, possess, release into the wild, and hunt any of the live captive wild birds specified in s. 169.19 (2) (b) 1. to 6. solely for the purposes of training a dog to retrieve, point, flush, and track game.

SB307,77,8 (c) The department may restrict the possessing, releasing, and hunting of a species of wild birds specified in par. (b) by persons holding dog training licenses in zones or areas for which the department has by rule imposed special hunting restrictions for that species.

SB307,77,13 (d) A person training a bird dog in a bird hunting preserve for which the hunting of pheasant, quail, mallard ducks bred in captivity, or partridge has been authorized under a bird hunting preserve license is exempt from holding a bird dog training license to possess, release into the wild, and hunt live captive wild birds for the purposes of training the dog to retrieve, point, flush, and track wild birds.

SB307,77,16 (2) Hound dog training license. (a) The department shall issue a hound dog training license to any individual who is at least 12 years of age who files a proper application and who pays the applicable fee.

SB307,77,19 (b) A hound dog training license authorizes the holder of the license to purchase, possess, release into the wild, and hunt any of the following live captive wild animals for the purpose of teaching hound dogs to track game:

SB307,77,21 1. Live captive rabbit purchased or otherwise acquired from a person holding a captive wild animal farm license.

SB307,77,22 2. Live captive raccoon.

SB307,77,23 3. Live captive bear of the species Ursus americanus.

SB307,78,2 (3) Dog club training license. (a) The department may issue a dog club training license to an organization that meets the conditions established by the department by rule for dog club training licenses, that files a proper application and that pays the applicable fee.

SB307,78,6 (b) A dog club training license authorizes the club or its members to purchase, possess, release into the wild, and hunt species of live captive wild animals that are authorized by the department on property owned or leased by the club for the purpose of teaching a bird dog or hound dog to retrieve, point, flush, or track game.

SB307,78,10 (4) Rules. The department may promulgate rules to establish additional standards, limitations, and requirements for licenses issued under this section. The rules may include standards that provide adequate protection for the wild animals that are authorized under a dog training license.

SB307,78,13 (5) Restrictions. (a) No person may sell wild animals under a license issued under this section, but a person holding a bird dog training license who has been contracted to train a dog may charge for the wild birds used in the training.

SB307,78,15 (b) A license under this section does not authorize organized competitive field events.

SB307,78,18 169.21 Dog trial licenses. (1) Bird dog trial license. (a) The department shall issue a bird dog trial license to any person who files a proper application and who pays the applicable fee.

SB307,78,22 (b) A bird dog trial license authorizes the holder of the license to purchase, possess, release into the wild, and hunt any live captive wild bird for any organized competitive field event that involves sporting dog breeds and that is sanctioned, licensed, or recognized by a local, state, regional, or national dog organization.

SB307,78,24 (2) Hound dog trial license. (a) The department shall issue a hound dog trial license to any person who files a proper application and who pays the applicable fee.

SB307,79,5 (b) A hound dog trial license authorizes the holder of the license to purchase, possess, release into the wild, and hunt live captive raccoon, live captive rabbit, and live captive bear of the species Ursus americanus for any organized competitive field event that involves sporting dog breeds and that is sanctioned, licensed, or recognized by a local, state, regional, or national dog organization.

SB307,79,9 (3) Rules. The department may promulgate rules to establish additional standards, limitations, and requirements for licenses issued under this section. The rules may include standards that provide adequate protection for the wild animals that are authorized under a dog trial license.

SB307,79,12 169.23 Stocking license. (1) Issuance. The department may issue stocking licenses. If the department issues stocking licenses, it shall issue a stocking license to any person who files a proper application and who pays the applicable fee.

SB307,79,14 (2) Authorization. A stocking license authorizes the holder of the license to purchase, possess, introduce, or stock wild animals.

SB307,79,18 (3) Rules. The department may promulgate rules to establish additional standards, limitations, and requirements for stocking licenses. The rules may include the species of wild animals that may be introduced or stocked and the locations at which those species of wild animals may be introduced or stocked.

SB307,79,22 169.24 Rehabilitation license. (1) Issuance. The department shall issue a rehabilitation license to rehabilitate wild animals to any individual who is at least 18 years of age, who meets the qualifications under rules promulgated under sub. (2), and who files a proper application.

SB307,80,3 (2) Qualifications; rules. The department shall promulgate rules to establish the qualifications required to obtain a rehabilitation license, the types of activities authorized by a rehabilitation license and the standards, limitations, and requirements for rehabilitation licenses. The department may promulgate rules to establish standards for exempting an individual from any of these rules or from any provisions under this chapter.

SB307,80,7 169.25 Scientific research license. (1) Issuance. (a) The department shall issue a scientific research license to any person who is engaged in a study or in research that the department determines will lead to increased, useful scientific knowledge and who files a proper application and who pays the applicable fee.

SB307,80,9 (b) The department may also require the person to submit with the license application a copy of any of the following:

SB307,80,10 1. The person's study plan or research proposal.

SB307,80,11 2. An approval received by the person under 9 CFR 2.31.

SB307,80,14 (2) Authorization. A scientific research license authorizes the holder of the license to take from the wild, possess, kill, or propagate the species of native wild animals that the department authorizes under the license.

SB307,80,17 (3) Scope of license; contents. A scientific research license shall contain the holder's name and address, the date of issuance, and all of the following conditions or limitations:

SB307,80,18 (a) The specific purposes for which it is issued.

SB307,80,19 (b) The species of wild animals and the number of each species to be studied.

SB307,80,20 (c) The locations from where the wild animals will be taken.

SB307,80,21 (d) The locations at which the wild animals will be kept and studied.

SB307,80,22 (e) The periods of time in which the wild animals may be studied.

SB307,80,24 (f) Any other conditions or limitations that the department considers reasonable.

SB307,81,3 (4) Equipment. A scientific research license may authorize the use of net guns, tranquilizer guns and other equipment or supplies for activities related to scientific research or study.

SB307,81,8 (5) Title to; transfer and disposal of wild animals. (a) A person holding a scientific research license may not transfer any wild animal or its carcass held under the authority of the license unless the purpose of the transfer is to trade the wild animals for other animals for scientific research or classroom demonstrations and the transfer is specifically authorized by the department at the time of the transfer.

SB307,81,11 (b) A person holding a scientific research license shall release or dispose of a live wild animal possessed under the authority of the license, or its carcass, only in the manner specifically authorized by the department.

SB307,81,13 (6) Rules. The department may promulgate rules to establish additional standards, limitations, and requirements for scientific research licenses.

SB307,81,20 169.26 Nonprofit educational exhibiting license. (1) Issuance. The department shall issue a nonprofit educational exhibiting license to any nature center, aquarium, or educational institution if the center, aquarium, or institution is a nonstock, nonprofit corporation described under section 501 (c) (3) or (4) of the Internal Revenue Code and exempt from taxation under section 501 (a) of the Internal Revenue Code and if the center, aquarium, or institution files a proper application and pays the applicable fee.

SB307,81,22 (2) Authorization. A nonprofit educational exhibiting license authorizes the person holding the license to do all of the following:

SB307,81,23 (a) Possess and exhibit live wild animals.

SB307,81,25 (b) Purchase and propagate live wild animals subject to sub. (3) (a) for the purpose of exhibiting only.

SB307,82,3 (3) Authorization: restriction; trading. (a) A person holding a nonprofit educational exhibiting license may purchase or propagate only those species of wild animals that the department specifically authorizes on the license.

SB307,82,7 (b) If a person holding a nonprofit educational exhibiting license determines that the person possesses more live wild animals than are necessary for exhibiting purposes, the person may sell the excess wild animals to another person who is not prohibited under this chapter from possessing the wild animals.

SB307,82,9 (4) Rules. The department may promulgate rules establishing standards, limitations, and requirements for nonprofit educational exhibiting licenses.

SB307,82,14 169.27 Nonresident temporary exhibiting license. (1) Issuance. The department shall issue a nonresident temporary exhibiting license to any individual who is a nonresident or to any business organization that is not organized under the laws of this state, if the individual or organization meets the requirement under sub. (2), files a proper application, and pays the applicable fee.

SB307,82,17 (2) Federal requirement. An applicant for a nonresident temporary exhibiting license shall hold any license or permit that may be required under 7 USC 2131 to 2159 at the time the department issues the applicant the license.

SB307,82,19 (3) Authorization. A person holding a nonresident temporary exhibiting license may do all of the following:

SB307,82,23 (a) Possess and exhibit live wild animals at locations designated by the department under the license for the production of motion pictures or television programs or as parts of theatrical acts, carnivals, or other animal attractions or displays.

SB307,82,25 (b) Move live wild animals in mobile facilities that do not meet the rules for housing under s. 169.39.

SB307,83,3 (4) Rules. The department may promulgate rules to establish additional standards, limitations, and requirements for nonresident temporary exhibiting licenses.

SB307,83,6 169.29 Validation licenses. (1) Eligibility. (a) Initial validation license. A person to whom all of the following conditions apply is eligible for an initial validation license:

SB307,83,9 1. The person has a license or permit under s. 29.863, 1999 stats., s. 29.865, 1999 stats., s. 29.867, 1999 stats., s. 29.869, 1999 stats., or s. 29.877, 1999 stats., on the effective date of this subdivision .... [revisor inserts date].

SB307,83,15 2. The licenses available under ss. 169.15 to 169.27 do not permit the continuation of an activity that was allowed under the license or permit under s. 29.863, 1999 stats., s. 29.865, 1999 stats., s. 29.867, 1999 stats., s. 29.869, 1999 stats., or s. 29.877, 1999 stats., on the effective date of this subdivision .... [revisor inserts date], at the location where the activity is being conducted on the effective date of this subdivision .... [revisor inserts date].

SB307,83,20 3. The person obtains a license under this chapter for any activity that was allowed under the license or permit under s. 29.863, 1999 stats., s. 29.865, 1999 stats., s. 29.867, 1999 stats., s. 29.869, 1999 stats., or s. 29.877, 1999 stats., on the effective date of this subdivision .... [revisor inserts date], and for which a license under ss. 169.15 to 169.27 is available.

SB307,83,22 (b) Subsequent validation license. A person who meets all of the following conditions is eligible for a subsequent validation license:

SB307,83,25 1. The person had a license or permit under s. 29.863, 1999 stats., s. 29.865, 1999 stats., s. 29.867, 1999 stats., s. 29.869, 1999 stats., or s. 29.877, 1999 stats., on the effective date of this subdivision .... [revisor inserts date].

SB307,84,4 2. The person obtained a license under ss. 169.15 to 169.27 for an activity that was allowed under the license or permit under s. 29.863, 1999 stats., s. 29.865, 1999 stats., s. 29.867, 1999 stats., s. 29.869, 1999 stats., or s. 29.877, 1999 stats., on the effective date of this subdivision .... [revisor inserts date].

SB307,84,10 3. Rules applicable to licenses available under ss. 169.15 to 169.27 are promulgated so as not to permit the continuation of an activity that was allowed under the license or permit under s. 29.863, 1999 stats., s. 29.865, 1999 stats., s. 29.867, 1999 stats., s. 29.869, 1999 stats., or s. 29.877, 1999 stats., on on the effective date of this subdivision .... [revisor inserts date], at the location where the activity was conducted on the effective date of this subdivision .... [revisor inserts date].

SB307,84,12 (2) Application. (a) Initial validation license. An eligible person may apply for an initial validation license no later than December 31, 2003.

SB307,84,15 (b) Subsequent validation license. An eligible person may apply for a subsequent license no later than 6 months after the promulgation of rules described under sub. (1) (b) 3.

SB307,84,21 (3) Issuance. The department shall issue a single validation license to any eligible person who files a proper application for the license. The validation license shall apply to all activities described under sub. (4) (a). The department shall specify on the validation license the activities that are permitted under the license. The department shall combine a subsequent validation license with an initial validation license that has been previously issued to the same person.

SB307,85,3 (4) Authorization; limitations. (a) Except as provided in pars. (c) to (e) and sub. (5), a validation license authorizes the continuation of all activities that the holder of the validation license is authorized to conduct on the effective date of this paragraph .... [revisor inserts date], under a license or permit issued under s. 29.863, 1999 stats., s. 29.865, 1999 stats., s. 29.867, 1999 stats., s. 29.869, 1999 stats., or s. 29.877, 1999 stats., if the holder is actually engaged in those activities on the effective date of this paragraph .... [revisor inserts date].

SB307,85,6 (b) The authorization under par. (a) applies even though the activity is prohibited or limited under this chapter or under the rules promulgated under this chapter.

SB307,85,7 (c) A validation license does not authorize the rehabilitation of wild animals.

SB307,85,9 (d) A validation license does not authorize the hunting of pheasants in excess of the number of pheasants stocked.

SB307,85,15 (e) Unless the holder of a validation license also holds a Class A bird hunting preserve license, a validation license does not authorize the hunting or taking of hen pheasants beginning on December 15 of each year and ending on the following March 31 within the boundaries of a pheasant and quail farm licensed under s. 29.865, 1999 stats., that is located totally or partially within a pheasant management zone that is established by the department for purposes of s. 29.191.