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.
29.585(4)
(4) The department shall promulgate and enforce rules for the housing, care, treatment, feeding and sanitation of wild animals kept in wildlife exhibits and for the protection of the public from injury by the wild animals.
29.585(5)
(5) No person may keep any live wild animal in captivity for the purpose of exhibition or for advertising purposes or have any wild animal in his or her custody or under his or her control for such purpose, unless a wildlife exhibit license is issued to the person by the department. A wildlife exhibit license is required in addition to any game bird and animal farm or fur farm license or deer farm license under
s. 29.578 that is required for the possession, breeding, propagating or dealing of these wild animals if these farms are wildlife exhibits as defined under
sub. (1).
29.585(6)
(6) Each licensee shall file an annual, verified report with the department within 30 days after the expiration of such license containing such information on the operation of the wildlife exhibit as the department may require and on forms furnished by the department.
29.586
29.586
Humane, adequate and sanitary care of wild animals. 29.586(1)(1) The department has the authority to examine all lands, together with buildings, licensed as game bird and animal farms, deer farms or fur farms to determine that all wild animals held in captivity on such licensed farms are treated in a humane manner and confined under sanitary conditions with proper and adequate housing, care and food.
29.586(2)
(2) The department may order any licensee to comply with standards prescribed in such order for the housing, care, treatment, feeding and sanitation of wild animals held in captivity by the licensee.
29.586(3)
(3) Any such licensee who fails to comply with such order of the department within 10 days of its issuance will be subject to penalties provided in
s. 29.99 (4).
29.586(4)
(4) This section does not apply to farm-raised deer.
29.586 History
History: 1975 c. 365 s.
62;
1995 a. 79.
29.59
29.59
Removal of wild animals. 29.59(1)
(1)
Definitions. In this section:
29.59(1)(a)
(a) "Damage" means harm to forest products; streams; roads; dams; buildings; orchards; apiaries; livestock; and commercial agricultural crops, including Christmas trees and nursery stock.
29.59(1)(b)
(b) "Daylight hours" means the time from one hour before sunrise until one hour after sunset.
29.59(1)(c)
(c) "Private property holder" means an owner, lessee or occupant of private property.
29.59(1)(d)
(d) "Removal activity" means removing or authorizing the removal of a wild animal that is causing damage or that is causing a nuisance or the removal of a structure of a wild animal that is causing damage or that is causing a nuisance.
29.59(1)(e)
(e) "Remove" means capture, shoot, set a trap for, relocate, or otherwise destroy or dispose of.
29.59(1)(f)
(f) Notwithstanding
s. 29.01 (14), "wild animal" means any undomesticated mammal or bird, but does not include farm-raised deer.
29.59(2)
(2) Department authority. The department may remove or authorize the removal of all of the following:
29.59(2)(a)
(a) A wild animal that is causing damage or that is causing a nuisance.
29.59(2)(b)
(b) A structure of a wild animal that is causing damage or that is causing a nuisance.
29.59(3)(a)(a) Within 48 hours after receipt of a written complaint from a person who owns, leases or occupies property on which a wild animal or a structure of a wild animal is allegedly causing damage, the department shall both investigate the complaint and determine whether or not to authorize removal.
29.59(3)(b)
(b) The department may remove or authorize removal of the wild animal or the structure of the wild animal if it finds that the wild animal or the structure is causing damage on the property.
29.59(3)(c)
(c) A person who owns, leases or occupies property outside an incorporated municipality on which a wild animal or a structure of a wild animal is allegedly causing damage and who has made a complaint under
par. (a), may remove the wild animal or the structure during daylight hours if all of the following conditions apply:
29.59(3)(c)1.
1. The department has failed, within 48 hours after the receipt of the complaint, to investigate the complaint and to determine whether or not to authorize removal.
29.59(3)(d)
(d) A person who owns, leases or occupies property located within an incorporated municipality on which a wild animal or the structure of a wild animal is allegedly causing damage may capture and relocate the wild animal or may relocate its structure if the person has made a complaint under
par. (a) and all the conditions under
par. (c) 1. to
3. apply.
29.59(4)(a)(a) Upon the receipt of a complaint from a person who owns, leases or occupies property on which a wild animal or a structure is allegedly causing a nuisance, the department may investigate the complaint.
29.59(4)(b)
(b) The department may remove or authorize the removal of the wild animal or the structure of a wild animal if it finds that the wild animal or the structure is causing a nuisance on the property.
29.59(4m)
(4m) Hunting allowed. If the department removes or authorizes the removal of a wild animal or the structure of a wild animal under
sub. (3) (b), the person who owns, leases or occupies the property on which the damage occurred shall open the property to others for hunting and trapping for one year beginning on the date on which the removal activity started unless hunting is prohibited under this chapter, rules promulgated under this chapter or any municipal ordinance.
29.59(5)(a)(a) The department may refuse to investigate under
sub. (3) (a) if the person making the complaint refuses to participate in any available wildlife damage abatement program administered under
s. 29.598 or refuses to follow reasonable abatement measures recommended by the department or by the county in which the property is located if the county participates in a wildlife damage abatement program.
29.59(5)(b)
(b) Before taking action under
sub. (3) (b) or
(4), the department may require the person making the complaint to participate in any available wildlife damage abatement program administered under
s. 29.598 or to follow reasonable abatement measures recommended by the department.
29.59(6)
(6) Owner liability for beaver damage. A person who owns, leases or occupies property on which a beaver or a beaver structure is causing damage and who fails or refuses to give consent to the department to remove the beaver or the structure is liable for any damage caused by the beaver or the structure to public property or the property of others.
29.59(7)
(7) No duty; immunity from liability. 29.59(7)(a)(a) Except as provided in
par. (d), no private property holder and no officer, employe or agent of a property holder owes any of the following duties to any person who enters the private property holder's property solely to engage in a removal activity:
29.59(7)(a)1.
1. A duty to keep the property safe for removal activities.
29.59(7)(a)3.
3. A duty to give warning of an unsafe condition, use or activity on the property.
29.59(7)(b)
(b) Except as provided in
par. (d), no private property holder and no officer, employe or agent of a private property holder is liable for any of the following injuries that occur on the private property holder's property:
29.59(7)(b)1.
1. An injury to a person engaging in a removal activity.
29.59(7)(b)2.
2. An injury caused by a person engaging in a removal activity.
29.59(7)(c)
(c) Except as provided in
par. (d), nothing in this subsection,
s. 101.11 or in the common law attractive nuisance doctrine creates any duty of care or ground of liability toward any person who uses private property holder's property for a removal activity.
29.59(7)(d)
(d) Paragraphs (a) to
(c) do not apply if any of the following conditions exist:
29.59(7)(d)1.
1. An injury is caused by the malicious failure of the private property holder or an officer, employe or agent of the private property holder to warn against an unsafe condition on the property, of which the private property holder has knowledge.
29.59(7)(d)2.
2. An injury is caused by a malicious act of a private property holder or of an officer, employe or agent of a private property holder.
29.59(7)(d)3.
3. An injury is sustained by an employe of a private property holder acting within the scope of his or her duties.
29.598
29.598
Wildlife damage abatement program; wildlife damage claim program. 29.598(1)
(1)
Definition. In this section, "wildlife damage" means damage caused by deer that live in the wild, bear or geese to commercial seedings or crops on agricultural land, to orchard trees or nursery stock or to apiaries or livestock.
29.598(2)(a)(a)
Assistance. The department shall assist counties in developing and administering the wildlife damage abatement and wildlife damage claim programs. The department shall provide this assistance through technical aid, program guidance, research, demonstration, funding, plan review, audit and evaluation services.
29.598(2)(b)
(b)
Eligibility and funding requirements. The department shall promulgate rules for eligibility and funding requirements for the wildlife damage abatement program and the wildlife damage claim program in order to maximize the cost-effectiveness of these programs.
29.598(2)(c)
(c)
Review of county administration plans. The department shall provide guidelines to counties applying for participation in the wildlife damage abatement and wildlife damage claim programs under
sub. (3) (b). The department shall review each plan of administration submitted under
sub. (3) (c) and shall approve the plan if it is in substantial compliance with
sub. (3) (c) and the administrative rules promulgated by the department.
29.598(2)(d)
(d)
Administrative funds. The department shall provide funding to each county participating in the wildlife damage abatement program, wildlife damage claim program or both for costs incurred in administering these programs. The amount of funding to be allocated for each county shall be based on the estimate of anticipated administrative costs prepared under
sub. (3) (c) 8. but the department shall determine payments based on the actual administrative costs incurred. If actual costs exceed the estimate, the department may allocate additional funding based on criteria and using procedures established by rule.
29.598(3)(a)(a)
County participation required. Eligibility for the wildlife damage abatement program or the wildlife damage claim program requires participation of the county in the administration of these programs as specified under
sub. (4) (a) and
(6) (a). The department may not administer a wildlife damage abatement program or wildlife damage claim program on behalf of or instead of a county.
29.598(3)(b)
(b)
Application. A county seeking to administer the wildlife damage abatement program or the wildlife damage abatement and wildlife damage claim programs shall apply to the department on forms provided by it on or before November 1 for the administration of these programs in the following calendar year or other period specified in the application.
29.598(3)(c)
(c)
Plan of administration. The application shall include a plan of administration to which the county agrees and in the form required by the department. The plan of administration shall include all of the following:
29.598(3)(c)1.
1. An agreement that the county shall make all records and files relating to the wildlife damage abatement program and wildlife damage claim program, including records and files concerning access of hunters to lands for which a wildlife damage claim is filed, available to the department for audit at reasonable times with the full cooperation of the county.
29.598(3)(c)2.
2. A description of authorized wildlife damage abatement measures, including designation of specifications for woven wire deer fences, for which reimbursement may be provided under the wildlife damage abatement program or which may be recommended under the wildlife damage claim program.
29.598(3)(c)3.
3. A summary of billing, allocation and accounting procedures to be used by the county and the department under this section. These procedures shall be consistent with generally acceptable accounting practices.
29.598(3)(c)4.
4. The procedure or formula to be used to determine land suitable for hunting and other hunting requirements necessary to comply with
sub. (7m).
