29.572 History
History: 1975 c. 322 s.
14;
1983 a. 27.
29.573
29.573
Pheasant and quail farms; department control; shooting license. 29.573(1)(1) The department may issue pheasant and quail farm licenses for shooting preserves and the releasing, shooting, possession and use of pheasants and quail on pheasant and quail farms if, in the judgment of the department, operations under these licenses will result in a net increase in the supply of pheasants and quail in the state and will otherwise be in the public interest.
29.573(2)
(2) No license shall be granted unless the applicant owns or has under lease the area for which the license is granted. Boundaries of the area licensed shall be defined and posted as prescribed by the department.
29.573(3)
(3) The department shall determine the minimum number of pheasants and quail to be released for shooting purposes on the licensed premises and fix the time limits during which said birds may be hunted.
29.573(4)(a)(a) Until the release of said pheasants and quail shall have been certified to and accepted by the department it shall be unlawful to shoot, attempt to shoot or to otherwise take pheasants or quail on premises licensed under this section, but when said release shall have been certified and accepted by the department, and when such persons are otherwise lawfully entitled to hunt small game, the licensee and such other persons as the licensee designates may hunt on the licensed premises, have in possession, and dispose of such pheasants or quail by gift.
29.573(4)(b)
(b) Each licensee shall keep a correct and complete book record of licensed birds as required by the department on forms furnished by the department. The licensed area and records may be inspected by the department or its wardens at any time. Copies of the records under oath shall be furnished to the department on request.
29.573(4)(c)
(c) No pheasant or quail of the species licensed shall be removed from the said licensed premises until there shall have been securely attached to each bird a seal, the type and design of which shall be designated by the department, and such seal shall remain attached to said birds until they are finally prepared for consumption. Such seal shall be supplied by the department at cost.
29.573(5)
(5) Only dead birds which have been killed by shooting shall be removed from premises licensed under this section, and it shall be unlawful to sell or attempt to sell or to buy or attempt to buy any such birds.
29.573(6)(a)(a) The department may promulgate such rules as shall be necessary to carry out the intents and purposes of this section, but no rule shall require that an application or report be notarized.
29.573(6)(b)
(b) Any person violating the above provisions shall forfeit not more than $300.
29.573(7)
(7) Any person other than the licensee, agents or persons having permission from the licensee who are otherwise qualified under this chapter to hunt thereon, who hunts or shoots pheasants or quail upon any lands described in any such license, is liable for all damage which the person does to said preserve or the pheasants, quail and property thereon, but all actions for such trespass shall be brought by such licensee.
29.573(8)
(8) Notwithstanding any other provision of the statutes to the contrary, no person hunting upon a licensed shooting preserve may be required to hold a hunting license for hunting those game species for which the preserve has been licensed under this section.
29.574
29.574
Game bird and animal farms. 29.574(1)
(1) The owner or lessee of any lands within the state suitable for the breeding and propagating of game, birds or animals as may be approved by the department shall have the right upon complying with this section, to establish, operate and maintain a game bird and animal farm for the purpose of breeding, propagating, killing and selling game birds and game animals on such lands, the acreage and size of which shall be determined by the department. All waterfowl bred, propagated or held on a game bird and animal farm licensed pursuant to this section shall be enclosed within a covered enclosure by the licensee throughout the open season for hunting waterfowl in the state when written or oral notice is given to the licensee by the department or its agents.
29.574(1m)
(1m) This section does not apply to farm-raised deer.
29.574(2)
(2) Such owner or lessee desiring to establish, operate and maintain a game bird and animal farm in conformity with this section, shall file with the department a verified declaration, describing the lands which such applicant for a license desires to use for the purpose of breeding and propagating such game birds or animals and setting forth also the title and leasehold of the applicant and the number of acres embraced in said tract.
29.574(3)
(3) Upon the filing of such declaration the department shall forthwith investigate the same and may require the applicant to produce satisfactory evidence of the facts therein stated. It will be necessary for the licensee to purchase all wild game within the boundaries of the proposed farm of the species designated in the license, and to effect this purpose the department thereupon shall appoint one member, the applicant one member, and these 2 shall select a 3rd member, the 3 to act as a board to go upon the lands embraced within the proposed license and determine as near as possible the number of wild birds and animals of the desired species thereon at the time of the granting of the license. The necessary expenses of all of the members of such board shall be paid by the licensee. Within 30 days after the date of such determination as accepted by the department the licensee shall pay to the department a specified sum as may be determined by the department for those species of wild birds or wild animals on the lands that are desired for propagation purposes, the title of which rests in the state. If upon such examination it appears that the applicant is the owner or lessee of said lands, and the applicant intends in good faith to establish, operate and maintain a game bird and animal farm, the department shall issue a license to the applicant describing such lands, and certifying that the licensee is lawfully entitled to use the same for the breeding, propagating, killing and selling of such game birds and animals thereon according to this section. When such license has been granted, the licensee shall become the owner of all such game birds or animals thereon of the species licensed and of all of their offspring actually produced thereon and remaining thereon, subject however to the jurisdiction of the department over all game.
29.574(3m)
(3m) No game bird and animal farm license shall be issued after May 24, 1961, other than those already in operation for any area less than one-quarter mile from the exterior boundaries of an approved state or federal wildlife area, public hunting grounds or refuge which is managed in whole or in part for pheasants. All lands under one license shall be contiguous. This section shall not prohibit the licensing of game bird and animal farms within one-quarter mile of approved state or federal wildlife areas, public hunting grounds, or refuges provided such licensed farms are completely enclosed, including an enclosed top of woven wire with mesh not larger than 6 inches.
29.574(3n)
(3n) Within 30 days after the date of the issuance of any such license, the licensee shall erect posts or stakes at intervals of not more than 80 rods along the boundary of the land embraced in said license, wherever the same is not already enclosed, and shall post and maintain, upon said posts, stakes or other enclosure, notices proclaiming the establishment of a game bird and animal farm. Such notices shall be furnished by the department to the licensee at cost.
29.574(5)
(5) Such license shall be prima facie evidence in all courts and proceedings of the lawful right of the licensee therein named or the licensee's successors or assigns, for the term of the license, to establish and operate such a game bird and animal farm upon said premises, and shall entitle the licensee therein named or the licensee's successors or assigns, to the exclusive right for and during said term to breed and propagate such game birds and animals thereon, and to the exclusive and sole ownership of any property in all such licensed game birds and animals caught or taken therefrom.
29.574(6)(a)(a) Such game birds and animals, except waterfowl, may be taken at any time in any manner, subject to
s. 29.245, by persons qualified under this chapter to hunt thereon. Waterfowl may only be taken pursuant to the rules promulgated by the department and in effect governing the hunting of waterfowl, except that upon written application the department may authorize the taking of hand-reared mallards at any time within the boundaries of a licensed game bird and animal farm in numbers not to exceed those liberated or propagated when it appears to the satisfaction of the department that only mallards liberated or propagated by the licensee will be taken on such farm. The applicant shall certify to the department that mallards liberated or propagated for shooting were produced and reared in captivity and are more than 2 generations removed from the wild. Hand-reared mallards shall not be released for shooting purposes unless such mallards have first been identified as the department directs. Mallards confined to wholly enclosed pens or buildings may be taken within such pens or buildings at any time and in any numbers. No such game bird or animal or mallards killed on such farm and no live game bird or animal or mallards to be consumed as food shall be removed therefrom until there has been securely fastened to each bird or animal a band or tag furnished by the department to the licensee at cost. Such band or tag shall remain attached to the bird or animal until prepared for consumption. Live birds and animals may be sold or transported. Each container carrying such live birds or animals shall have attached thereto a band or tag as set forth above. Live birds or animals acquired from the licensee to be consumed as food shall not be kept in a live condition by any person beyond 48 hours from the time such birds or animals were acquired from such licensee. Correct and complete book records of sales and purchases of live birds and animals disclosing the time and date of such sales and whether or not such live birds and animals were acquired to be consumed as food shall be kept by the licensee. Certified copies of such records shall be furnished by the licensee to the department on request, on forms furnished by the department.
29.574(6)(c)
(c) Whenever any such bird or animal shall be consumed for food, the tag attached to such bird or animal shall be kept in evidence until such bird or animal is consumed.
29.574(6m)
(6m) Notwithstanding any other provision of the statutes to the contrary, no person hunting upon a game bird and animal farm shall be required to hold a hunting license.
29.574(7)
(7) Any person other than the licensee, the licensee's bona fide regular employes, or persons having permission from the licensee who shall hunt or shoot game birds or animals upon any lands described in any such license, shall be liable to the licensee in the sum of $100, in addition to all damage which the person may do to the farm or to the game birds or animals, and property thereon, but all actions for such trespass shall be brought by such licensee.
29.574(8)
(8) Each licensee shall keep a correct and complete book record of licensed animals and birds as required by the department of natural resources on the forms furnished by the department. The licensed area and records may be inspected by the department or its wardens at any time. Copies of the records under oath shall be furnished to the department on request.
29.574(9)
(9) Any person who violates this section shall forfeit not more than $50.
29.574 Annotation
Applicability of animal regulatory statutes to game farm operators discussed.
72 Atty. Gen. 43.
29.574 AnnotationShining provisions of 29.245 apply to game, fur and deer farms.
80 Atty. Gen. 7.
29.575
29.575
Fur animal farms. 29.575(1)(1) The owner or lessee of any lands suitable for the breeding and propagating of fur animals may, upon complying with this section, establish, operate and maintain on such lands a fur animal farm, for the purpose of breeding, propagating, trapping and dealing in fur animals. Fur animal farms as licensed under this section shall be of one or more of the following categories as specified in the license:
29.575(2)
(2) Such owner or lessee desiring to establish, operate and maintain a fur animal farm, in conformity with this section, shall file with the department a verified declaration describing the lands which such applicant desires to use for the purpose of breeding and propagating fur animals and setting forth the title or leasehold of the applicant and the number of acres which will be maintained as a fur animal farm. Acres under one license need not be contiguous.
29.575(3)
(3) Upon the filing of such declaration the department shall investigate and may require the applicant to produce satisfactory evidence of the facts stated in the declaration. If it appears that the applicant is the owner or lessee of the lands, and that the applicant intends in good faith to establish, operate and maintain a fur animal farm, the department shall issue a license to the applicant. The license shall describe the lands and shall certify that the licensee is entitled to use the same for dealing, breeding, propagating and trapping fur animals on the land described in the license.
29.575(4)
(4) Upon issuance of the license, the department shall appoint one person, the applicant shall appoint one person, and these 2 shall select a 3rd person to enter the lands and determine the number of fur animals thereon at the time of the granting of the license. The necessary expenses of these persons shall be paid by the licensee. Within 10 days after the date of such determination, the licensee shall pay to the department $2.50 for each beaver, 50 cents for each muskrat, $2.50 for each mink, $2.50 for each otter, $1 for each raccoon, and 50 cents for each skunk so found on such lands. Only those animals to be licensed under the fur animal farm are to be paid for. When such payment has been made the licensee shall become owner of such fur animals on said lands and of all of their offspring remaining thereon. The licensee shall have the right to manage and control said lands and the licensed fur animals thereon, to take the same at any time or in any manner, subject to
s. 29.245, which the licensee sees fit and deems to the best advantage of the licensee's business, and to sell and transport at any time said fur animals or the pelts taken from them.
29.575(6)
(6) Within 30 days after the date of the issuance of any such license, the licensee shall erect posts or stakes at intervals of not more than 80 rods along the boundary of the land embraced in the license wherever the lands are not already enclosed, and shall post and maintain upon the posts, stakes or other enclosures notices proclaiming the establishment of a fur animal farm. Such notices shall be furnished by the department to the licensee at cost.
29.575(7)
(7) A valid fur animal farm license is prima facie evidence in all courts and proceedings of the right of the licensee, successors or assigns to establish and operate a fur animal farm upon the premises and entitles the licensee, successors or assigns to the exclusive right to breed and propagate fur animals upon the premises and to the exclusive and sole ownership of any property in all fur animals caught or taken.
29.575(8)
(8) Any person, other than the licensee or agents, who hunts or traps fur animals upon any lands described in any such license shall be liable to the licensee in the sum of $100, in addition to all damage which the person does to the farm or to the fur animals and property, but all actions for such trespass shall be brought by such licensee.
29.575(9)
(9) Each licensee shall keep a correct and complete book record of licensed animals as required by the department on the forms furnished by the department. The licensed area and records may be inspected by the department or deputies at any time. Certified copies of such records shall be furnished to the department on request.
29.575(10)
(10) Nothing in this section shall be construed to affect any public right of hunting, fishing or navigation except as herein expressly provided.
29.575 AnnotationApplicability of animal regulatory statutes to game farm operators discussed.
72 Atty. Gen. 43.
29.578
29.578
Deer farms; venison serving permits. 29.578(1)
(1) The owner or lessee of any lands within this state suitable for breeding and propagating of deer shall have the right upon complying with this section to establish, operate and maintain a deer farm for the purpose of breeding, propagating, killing and selling deer on such lands, the acreage and size of which shall be determined by the department. Such deer farm must be completely inclosed by a fence. Any streams whether meandered or not, flowing into or out of an inclosed deer farm, and of a swampy, marshy or boggy character and not navigable in fact at all times of the year by ordinary boats or pleasure craft, and which are not of any substantial beneficial use to the public, shall not be considered navigable so as to prevent erection and maintenance over them, of the type of fence prescribed and permitted by this section.
29.578(1m)
(1m) This section does not apply to deer of the genus dama, cervus or rangifer.
29.578(2)
(2) Such owner or lessee desiring to establish, operate and maintain a deer farm in conformity with this section shall file with the department a verified declaration, describing the lands which such applicant for a license desires to use for the purpose of breeding and propagating deer and setting forth also the title or leasehold of the applicant and the number of acres embraced in said tract.
29.578(3)
(3) Upon the filing of such declaration the department shall forthwith investigate the same and may require the applicant to produce satisfactory evidence of the facts therein stated. Upon receipt of such declaration the department shall determine as near as possible the number of deer on such lands. The necessary expenses of such investigation shall be paid by the licensee.
29.578(4)
(4) The licensee shall pay to the department $25 for each deer so found on such lands. When such payment has been made and the license issued, the licensee shall become the owner of all deer on said lands and of all their offspring. The licensee shall have the right to manage and control said lands and the deer thereon, to kill the deer, subject to
s. 29.245, and to sell the deer as provided by this section. If upon examination it shall appear that the applicant is the owner or lessee of said lands, and that the applicant intends in good faith to establish, operate and maintain a deer farm, the department may inform the applicant that as soon as the applicant has built a suitable deer fence around the area to be included within the license, it will issue the same. Said deer-tight fence shall be built in accordance with specifications prescribed by the department; provided, the department may issue a license for such deer farms heretofore established if the fence actually inclosing said farm is in fact sufficient to hold deer therein. After the complete installation of such fence and after the department has satisfied itself that it is satisfactory and complies with the law, it may issue a license to the applicant describing such lands, and certifying that the licensee is lawfully entitled to use the same for the breeding, propagating, killing and selling of deer thereon according to this section.
29.578(5)
(5) The deer farm license shall be renewed each year if the licensee has not violated any of the provisions under which it was granted.
29.578(6)
(6) Such license shall be prima facie evidence in all courts and proceedings of the lawful right of the licensee therein named or the licensee's successors or assigns, for the term of the license, to establish and operate a deer farm upon said premises, and shall entitle the licensee therein named or the licensee's successors or assigns, to the exclusive right for and during said term to breed and propagate deer thereon, and to the exclusive and sole ownership of any property in all deer caught or taken therefrom.
29.578(7)
(7) Deer on a deer farm shall be killed only by the licensee or bona fide regular employes except that on licensed deer farms, not less than 10 acres in area, deer may be killed by persons expressly authorized by the licensee who are otherwise qualified under this chapter to hunt deer except that no person hunting upon a licensed deer farm shall be required to hold a hunting license for deer; and all such deer killed shall be distinctly tagged with a tag to be furnished by the department to the licensee at cost not exceeding 5 cents each. The licensee shall pay to the department $1 for each deer so killed. Before any deer on a licensed deer farm shall be killed, the licensee shall notify the department or one of its representatives in advance of the taking of such deer, and the department or its representatives shall make acknowledgment of receipt of said notice and such acknowledgment when received by the licensee shall be authority for taking deer. The department or any of its duly authorized representatives may be present while the taking of such deer is in progress.
29.578(8)
(8) After a deer is so killed and tagged the entire carcass only shall be sold and transported, except as provided in
sub. (14). The tag must remain on the carcass while in transit. A deer farm tag may be removed from a gutted carcass at the time of butchering, but the person who killed or obtained the deer shall retain the tag until the meat is consumed.
29.578(9)
(9) Such licensee may sell and transport live deer providing that the department or one of its representatives be notified in advance of the shipment of such deer, and the department or its representatives shall make acknowledgment of receipt of said notice and such acknowledgment when received by the licensee shall be the licensee's authority for shipping deer. The licensee shall pay to the department $1 for each live deer sold, and each crate or conveyance carrying such live deer must have a special tag or tags attached thereto for each live deer transported therein, showing that it is a deer from a deer farm. The data on such tag or tags shall be entered in ink or indelible pencil and such tag or tags shall be retained by the purchaser of said live deer. Such tags shall be furnished by the department, its wardens or agents.
29.578(10)
(10) Any person other than the licensee or the licensee's employes who shall hunt or trap deer upon any lands described in any such license shall be liable to the licensee in the sum of $100 in addition to all damage which the person may do to said farm or to the deer and property thereon, but all actions for such trespass shall be brought by such licensee.
29.578(11)
(11) Each license shall be accepted by the licensee upon the condition that the licensee will comply with this section and with all provisions of law and that the licensee will honestly operate said deer farm for the purpose of propagating deer; that the title to the deer in the inclosure for which a license has been granted and for which the applicant has paid the state at the rate of $25 per deer, shall be conditional upon the applicant and licensee honestly and fairly complying with this section and provisions of law relating to the operation of deer farms; and in the action to revoke the license of said licensee, or to establish the licensee's unfitness to further operate said deer farm, the court, in the judgment, in the event it is determined that the applicant and licensee has violated this section and the provisions of law relating to the operation of deer farms, shall provide that the title to all of the deer within said inclosure together with all of the increase therefrom be forfeited to the state; that the said tract of land shall not be used for a deer farm for a period of 5 years and until a new license therefor, after said 5 years, has been issued by the department as provided in this section; that the department shall within 30 days of the notice of entry of judgment enter upon said tract and open the said fences in such a manner as to give the inclosed animals free egress and may drive the said animals out of the inclosure if in the opinion of the department it is for the best interests of the state; said lands for which said license has been forfeited may be used by the owner thereof for all lawful purposes except the propagating of deer during said time, and during said 5 year period said lands shall be a sanctuary and no hunting or trapping of any kind or character shall be practiced therein or thereon. The department shall in such event duly post notices thereof at intervals of 10 rods around the entire tract.
29.578(12)
(12) On or before January 1 of each year, each such licensee shall make a report to the department, covering the period from January 1 to December 31 of the previous year, upon blanks furnished by the department, stating the number of deer killed and sold and live deer sold during said period, the names and addresses of the persons to whom the same were sold and the dates of shipment.
29.578(13)
(13) The department or its wardens shall have the right and power to inspect such deer farms or the books of such deer farms at any and all times when they may think the need requires it.
29.578(14)(a)(a) No person may barter, sell or otherwise deal in the carcasses of deer taken from a deer farm unless the person obtains a deer farm sales license from the department. Each carcass of this type of deer that is sold by a person under this license is required to have a distinctive tag attached to it. The department shall issue these deer farm sales tags.
29.578(14)(am)
(am) The department may issue special retail deer sale permits authorizing a person to retail a venison in the carcass from a deer lawfully killed under this section to any retailer of meats.
29.578(14)(b)
(b) Any person may serve venison obtained from a deer farm licensed under this section if the person has a venison serving permit from the department. The application for this permit shall be in the form and include the information the department requires. If the department after investigation is satisfied that the application is satisfactory it shall issue a venison serving permit conditioned as follows:
29.578(14)(b)2.
2. It shall be exhibited in a conspicuous place in the premises where such venison is retained and served.
29.578(14)(b)3.
3. It shall contain the name and address of the applicant together with the name and address of the premises where the venison will be retained and served, together with the source of the venison, the sex, approximate weight and deer farm tag numbers of the carcass. The deer farm tag may be removed from a gutted carcass at the time of butchering, but the person who killed or obtained the deer shall retain the tag until the venison is consumed.
29.578(14)(b)4.
4. The permittee agrees to record immediately upon possession all additional venison, purchased, possessed or served during the permit period in the space provided therefor on the permit.
29.578(14)(b)5.
5. The permittee agrees that the department or its wardens shall have the right to inspect the premises where such venison is retained or served.
29.578(14)(c)
(c) Each permittee under
par. (b) shall file a verified report to the department within 30 days after the expiration of the permit containing such information regarding the operations under the permit as the department requires on forms furnished by the department.
29.578(15)
(15) Any person who hunts within the enclosure of a deer farm without the permission of the owner or who otherwise intentionally or negligently violates this section shall be fined not more than $200 or imprisoned not more than 90 days, or both.
29.578(16)
(16) The department may sell to licensees under this section, for propagating purposes, fawns and deer at a price to be fixed by the department not exceeding $25 each. The department shall make orders and promulgate rules under this section to encourage the industry.
29.578 AnnotationApplicability of animal regulatory statutes to game farm operators discussed.
72 Atty. Gen. 43.
29.579
29.579
Domestic fur-bearing animal farms. The breeding, raising and producing in captivity, and the marketing, by the producer, of foxes, fitch, nutria, marten, fisher, mink, chinchilla, rabbit or caracul, as live animals, or as animal pelts or carcasses shall be deemed an agricultural pursuit, and all such animals so raised in captivity shall be deemed domestic animals, subject to all the laws of the state with reference to possession, ownership and taxation as are at any time applicable to domestic animals. All persons engaged in the foregoing activities are farmers and engaged in farming for all statutory purposes.
29.583
29.583
Disposal of escaped deer. 29.583(1)
(1) The department may seize and dispose of or may authorize the disposal of any deer that has escaped from land licensed under
s. 29.574 or
29.578 or owned by a person registered under
s. 95.55 if the escaped deer has traveled more than 3 miles from the land or if the licensee or person has not had the deer returned to the land within 72 hours of the discovery of the escape.
29.583(2)
(2) Notwithstanding
sub. (1), the department of natural resources may dispose of the deer immediately if the department of agriculture, trade and consumer protection determines that the deer poses a risk to public safety or to the health of other domestic or wild animals.
29.583 History
History: 1991 a. 269;
1995 a. 79.
29.585
29.585
Wildlife exhibit licenses. 29.585(1)
(1) The department may grant licenses for wildlife exhibits which are defined as any place where one or more live wild animals are kept in captivity for the purpose of exhibition or for advertising purposes. The form of application and license shall be prescribed by the department.
29.585(2)(a)(a) In this section, "wild animal" means any mammal, fish or bird of a wild nature as distinguished from domestic animals under the common law or under the statutes whether or not the mammal, fish or bird was bred or reared in captivity, but does not include deer of the genus dama, cervus or rangifer.
29.585(2)(b)
(b) "Wildlife exhibit" does not include the exhibition of any live wild animal by any educational institution, state department, public zoo, park or garden, circus or theatrical exhibition or any such exhibition sponsored by any organization with the approval of the department.
29.585(3)
(3) No wildlife exhibition license shall be granted by the department until it is satisfied that the provisions for housing and caring for such wild animals and for protecting the public are proper and adequate and in accordance with the standards therefor established by the department.
