October 24, 2011 - Introduced by Representatives Tiffany and Suder, cosponsored
by Senators Moulton and Holperin. Referred to Committee on Natural
Resources.
AB334,1,6 1An Act to repeal 29.347 (1) (intro.) (except 29.347 (1) (title)) and 29.347 (5) (title);
2to renumber 29.347 (5) (b) 1. and 2., 29.347 (5) (c) and 29.347 (5) (d); to
3renumber and amend
29.347 (1) (a), 29.347 (1) (b), 29.347 (5) (a) and 29.347
4(5) (b) (intro.); to amend 29.184 (8), 29.347 (1) (title), 29.347 (2), 29.347 (2m)
5(a) and 29.347 (3) (b); and to create 29.349 (title) and (3) of the statutes;
6relating to: possession of certain animals killed by vehicles.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Natural Resources (DNR) is authorized
to issue hunting, fishing, and trapping licenses, permits, tags, and other approvals
(approvals) and to otherwise establish and maintain conditions regulating hunting,
fishing, and trapping. Generally, current law requires a person to have a valid
approval to hunt a deer and to take possession of the deer carcass.
Current law authorizes a person who accidentally kills a deer while operating
a motor vehicle on a highway to take possession of the deer carcass and to remove
it from the scene of the accident if the person has the carcass tagged by a law
enforcement officer or gives the law enforcement officer certain identifying
information and has the carcass tagged at a later time as instructed by the law
enforcement officer. Current law prohibits DNR from charging a fee to issue a tag
for this purpose. Under this bill, the law regulating the possession of the carcass of
a deer killed by a vehicle also applies to bear and wild turkey.

This bill allows a person who accidentally kills certain other small game
animals while operating a motor vehicle on a highway to also take possession of the
carcass of that small game animal. Under the bill, the operator of the motor vehicle
may take possession of the carcass of the small game animal, if the animal is not a
fisher, otter, or bobcat, if the motor vehicle operator possesses an approval that
authorizes the hunting or trapping of the kind of animal killed, and if the animal is
killed during the open season for that animal. If the operator of the motor vehicle
does not want to take possession of the carcass, any other person may take possession
of the carcass if that person possesses an approval that authorizes the hunting or
trapping of the kind of animal killed by the motor vehicle, and if the animal was killed
during the open season for that animal. Unlike current law authorizing the
possession of the carcass of a deer killed by a vehicle, a person who is authorized
under this bill to take possession of a small game animal killed by a vehicle need not
have the animal tagged by a law enforcement officer.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB334, s. 1 1Section 1. 29.184 (8) (a) of the statutes, as affected by 2011 Wisconsin Act 28,
2is amended to read:
AB334,2,73 29.184 (8) (a) The department shall issue a bear carcass tag to each person who
4is issued a Class A bear license. Except as provided under par. (b) and s. 29.349 (2),
5a person who kills a bear shall immediately validate and attach the carcass tag to
6the bear. The carcass tag shall be attached and validated according to rules
7promulgated by the department.
AB334, s. 2 8Section 2. 29.347 (1) (title) of the statutes is amended to read:
AB334,2,99 29.347 (1) (title) Definitions Definition.
AB334, s. 3 10Section 3. 29.347 (1) (intro.) (except 29.347 (1) (title)) of the statutes is
11repealed.
AB334, s. 4 12Section 4. 29.347 (1) (a) of the statutes is renumbered 29.349 (1) and amended
13to read:
AB334,3,3
129.349 (1) "Law In this section, "law enforcement officer" means a warden or
2any other law enforcement officer authorized by the department to issue tags for car
3kill deer
an animal killed by a vehicle.
AB334, s. 5 4Section 5. 29.347 (1) (b) of the statutes is renumbered 29.347 (1) and amended
5to read:
AB334,3,76 29.347 (1) "Validated" In this section, "validated" means marked with specified
7information in the manner required by the department.
AB334, s. 6 8Section 6. 29.347 (2) of the statutes is amended to read:
AB334,3,239 29.347 (2) Deer or elk carcass tags. Except as provided under sub. (5) and s.
10ss. 29.324 (3) and 29.349 (2), any person who kills a deer shall immediately attach
11to the ear or antler of the deer a current validated deer carcass tag which is
12authorized for use on the type of deer killed. Any person who kills an elk shall
13immediately attach to the ear or antler of the elk a current validated elk carcass tag.
14Except as provided under sub. (2m) or s. 29.89 (6), no person may possess, control,
15store, or transport a deer carcass unless it is tagged as required under this
16subsection. Except as provided under sub. (2m), no person may possess, control,
17store, or transport an elk carcass unless it is tagged as required under this
18subsection. A person who kills a deer or an elk shall register the deer or elk in the
19manner required by the department. A person who kills a deer or an elk shall
20possess, control, store, or transport the deer or elk carcass in compliance with rules
21promulgated by the department under s. 29.063 (3). The carcass tag may not be
22removed before registration. The removal of a carcass tag from a deer or an elk before
23registration renders the deer or elk untagged.
AB334, s. 7 24Section 7. 29.347 (2m) (a) of the statutes is amended to read:
AB334,4,4
129.347 (2m) (a) A carcass tag attached under sub. (2) and a registration tag
2attached by the department or a car kill tag attached under sub. (5) s. 29.349 (2) may
3be removed from a gutted carcass at the time of butchering, but the person who killed
4or obtained the deer or elk animal shall retain all tags until the meat is consumed.
AB334, s. 8 5Section 8. 29.347 (3) (b) of the statutes is amended to read:
AB334,4,126 29.347 (3) (b) No person may possess or control deer or elk antlers in the velvet
7or a deer or an elk skin in the spotted coat of a lawfully killed deer or elk unless the
8person to whom the carcass tag for the deer or elk was issued, or the person who had
9the deer tagged under sub. (5) s. 29.349 (2), has requested and received authorization
10from the department to control or possess the antlers or skin. A request for written
11authorization from the department shall be made within 7 days after the carcass tag
12has been attached to the deer or elk.
AB334, s. 9 13Section 9. 29.347 (5) (title) of the statutes is repealed.
AB334, s. 10 14Section 10. 29.347 (5) (a) of the statutes is renumbered 29.349 (2) (a) and
15amended to read:
AB334,4,2116 29.349 (2) (a) Subject to sub. s. 29.347 (6), any person who while operating a
17motor vehicle on a highway accidentally collides with and kills a bear, deer, or wild
18turkey
may take possession of the carcass. Subject to sub. s. 29.347 (6), if the motor
19vehicle operator does not want to take the carcass, the carcass may be taken by any
20other person who is present at the scene of the accident at the time the collision
21occurs or at any time after the collision occurs.
AB334, s. 11 22Section 11. 29.347 (5) (b) (intro.) of the statutes is renumbered 29.349 (2) (b)
23(intro.) and amended to read:
AB334,5,224 29.349 (2) (b) (intro.) No person may take possession of the carcass of a bear,
25deer, or wild turkey killed in the manner specified in par. (a) and remove the carcass

1from the scene of the accident unless the person has complied with rules promulgated
2by the department under s. 29.063 (3) and one of the following apply:
AB334, s. 12 3Section 12. 29.347 (5) (b) 1. and 2. of the statutes are renumbered 29.349 (2)
4(b) 1. and 2.
AB334, s. 13 5Section 13. 29.347 (5) (c) of the statutes is renumbered 29.349 (2) (c) and
6amended to read:
AB334,5,97 29.349 (2) (c) The person removing a the carcass under the procedure specified
8in par. (b) 2. shall have the carcass tagged within 24 hours after receiving the
9instructions under par. (b) 2.
AB334, s. 14 10Section 14. 29.347 (5) (d) of the statutes is renumbered 29.349 (2) (d).
AB334, s. 15 11Section 15. 29.349 (title) and (3) of the statutes are created to read:
AB334,5,12 1229.349 (title) Animals killed by motor vehicles.
AB334,5,16 13(3) (a) Except as provided under par. (b) or as authorized under s. 29.614, no
14person may take possession of the carcass of a small game animal killed by a person
15who accidentally collides with the small game animal while operating a motor
16vehicle on a highway unless all of the following apply:
AB334,5,1817 1. The small game animal is killed during the open season for hunting or
18trapping that animal.
AB334,5,1919 2. The small game animal is not a bobcat, fisher, or otter.
AB334,5,2120 3. The person possesses an approval issued under this chapter that authorizes
21the hunting or trapping of the kind of small game animal killed.
AB334,5,2222 4. The person is the operator of the motor vehicle.
AB334,6,423 (b) If an operator of a motor vehicle who is authorized under par. (a) to take
24possession of the carcass of a small game animal does not want to take possession of
25the carcass, any other person may take possession of the carcass and remove it from

1the scene of the accident if the person possesses an approval issued under this
2chapter that authorizes the hunting or trapping of the kind of small game animal
3killed by the operator of the motor vehicle and the person takes the carcass during
4the open season for that animal.
AB334,6,75 (c) The department may not charge a person a fee to take possession of the
6carcass of a small game animal if the person is authorized to possess the carcass
7under this subsection.
AB334, s. 16 8Section 16. 29.354 (1) of the statutes is amended to read:
AB334,6,149 29.354 (1) Approval necessary. No person may possess or have under his or
10her control any game bird or game animal or the carcass of any game bird or game
11animal unless the person has a valid hunting license, sports license, conservation
12patron license, taxidermist permit, or scientific collector permit. This subsection
13does not apply to a person who takes possession of a bear, deer, or wild turkey under
14s. 29.349 (2) (a) and who complies with the requirements under s. 29.349 (2) (b).
AB334,6,1515 (End)
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