29.853(3)(a)(a)
Restrictions. No person may sell any live game animal or fur-bearing animal unless authorized under
s. 29.857,
29.863,
29.867,
29.869,
29.871 or
29.877 and unless the purchaser is also authorized under one of those sections and presents evidence of that authorization to the seller.
29.853(3)(b)
(b)
Record. A person who sells any live game animal or fur-bearing animal shall keep a record of each sale, the name and address of the purchaser, the type of authorization or license held by the purchaser and its number, if any, the date of sale and a description of the animal. The record shall be kept for 2 years after the sale and shall be open to inspection by the department.
29.853(3)(c)
(c)
Local prohibition. Notwithstanding
par. (a), the governing body of any county, city, village or town may, by ordinance, prohibit the sale of any live game animal or fur-bearing animal.
29.853(4m)
(4m) Applicability. This section does not apply to farm-raised deer.
29.853(5)
(5) Penalty. A person who violates this section shall forfeit not less than $100 nor more than $1,000.
29.853 History
History: 1979 c. 289;
1991 a. 269;
1995 a. 79;
1997 a. 170;
1997 a. 248 ss.
512 to
514; Stats. 1997 s. 29.853.
29.855
29.855
Possession, sale, release and destruction of live skunks. 29.855(1)(1)
Definitions. As used in this section:
29.855(1)(a)
(a) "Control temporarily" means to possess a skunk for a limited period of time for one of the following purposes:
29.855(1)(a)1.
1. Removal or transportation of a skunk from one location to a more appropriate location.
29.855(1)(a)2.
2. Restraint or transportation of a skunk for game censuses, surveys or other purposes authorized by the department.
29.855(1)(b)
(b) "Domestic skunk" means a skunk raised on a fur animal farm licensed under
s. 29.869.
29.855(1)(d)
(d) "Wild skunk" means any skunk except a domestic skunk.
29.855(2)(a)(a)
Restrictions on possession of wild skunks. No person may possess any live wild skunk unless authorized under
s. 29.857 except to control the skunk temporarily.
29.855(2)(b)
(b)
Restrictions on possession of domestic skunks. No person may possess any live domestic skunk unless authorized under
s. 29.857 or
29.869 except to control the skunk temporarily.
29.855(2)(c)
(c)
Local prohibition. Notwithstanding
par. (a), the governing body of any county, city, village or town may, by ordinance, prohibit a person from possessing any live wild or domestic skunk.
29.855(3)(a)(a)
Restrictions on sale of wild skunks. No person may sell any live wild skunk unless authorized under
s. 29.857 and unless the person to whom the skunk is sold is also authorized under
s. 29.857.
29.855(3)(b)
(b)
Restrictions on sale of domestic skunks. No person may sell any live domestic skunk unless authorized under
s. 29.857 or
29.869 and unless the purchaser is also authorized under one of those sections and presents evidence of that authorization to the seller.
29.855(3)(d)
(d)
Return of domestic skunks. A person who sells any live skunk shall inform the purchaser that the release of a skunk is illegal and that the seller will accept the return of the skunk.
29.855(3)(e)
(e)
Local prohibition. Notwithstanding
par. (a), the governing body of a county, city, village or town may, by ordinance, prohibit the sale of any live skunk.
29.855(4)
(4) Descenting. No person may operate on a live wild skunk to remove its scent glands unless the person who possesses the skunk is authorized under
s. 29.857 or
29.869. A veterinarian to whom a person brings a live wild skunk for removal of its scent glands or for other treatment shall notify that person that possession of a live skunk is illegal and shall notify the department.
29.855(5)
(5) Release. No person may release a domestic skunk into the environment.
29.855(6)
(6) Destruction. A person may kill at any time a wild skunk which is a nuisance to activities authorized under
s. 29.857,
29.863,
29.867,
29.869,
29.871 or
29.877. A person who kills an adult wild skunk with young shall attempt to kill the young skunks.
29.855(7)
(7) Penalty. A person who violates this section shall forfeit not less than $100 nor more than $1,000.
29.857
29.857
Wild animals for parks. 29.857(1)
(1) The department may, on application of any park board, grant permit to take, have, sell, barter, or transport, at any time, live wild animals for park purposes.
29.857(2)
(2) The department may, on application of any person, grant a permit to such person to take and transport wild animals for propagation within the state, under the supervision of the department or its wardens.
29.857(2m)
(2m) Subsections (1) and
(2) do not apply to farm-raised deer or farm-raised fish.
29.857(3)
(3) No bona fide public zoo shall be subject to this section.
29.857(4)
(4) Notwithstanding any other provision of law to the contrary it is lawful for a bona fide public zoo to have, purchase, barter or sell any live animal, domestic or foreign, to or with another bona fide public zoo, licensed deer farm or reputable animal dealer, within or without this state.
29.857 History
History: 1995 a. 79;
1997 a. 27;
1997 a. 248 s.
596; Stats. 1997 s. 29.857.
29.861
29.861
Animal wildlife exhibit. 29.861(1)
(1) The department shall establish an exhibit where wild animals may be viewed by the public on state owned lands.
29.861(2)
(2) No person may hunt or trap within the boundaries of the wildlife exhibit or possess a gun or firearm within the boundaries of the wildlife exhibit unless it is unloaded and knocked down or enclosed in a carrying case.
29.861 History
History: 1991 a. 316;
1997 a. 248 ss.
602 to
606; Stats. 1997 s. 29.861.
29.863
29.863
Game farms; license. 29.863(1)
(1) No person may cause or permit any lands or waters to be posted with signs of any kind indicating that the lands or waters are licensed under
ss. 29.865 to
29.871 unless the lands and waters are in fact so licensed.
29.863(2)
(2) If a license under
ss. 29.865 to
29.871 expires or lapses and is not renewed, the licensee, landowner or other person having control over the lands or waters shall remove or cause the signs to be removed within 45 days after the expiration or termination of the license.
29.863(3)
(3) Applications for the renewal of a license under
ss. 29.865 to
29.871 shall be filed with the department on or before the expiration date of the license, except that an application for renewal may be filed within 45 days after the expiration date if it is accompanied by the late filing fee specified under
s. 29.563 (9) (b) in addition to the regular license or renewal fee. If application for renewal of a license is not made as required in this subsection or if a license is terminated for any reason, all rights and privileges of the licensee under the license are terminated upon the expiration of the 45-day period provided in this subsection or on the date of termination, whichever occurs first. Thereafter, the lands and waters which were included under the license shall be subject to
ss. 29.865 to
29.871.
29.863 History
History: 1975 c. 322 s.
14;
1983 a. 27;
1997 a. 27;
1997 a. 248 ss.
611 to
615; Stats. 1997 s. 29.863.
29.865
29.865
Pheasant and quail farms. 29.865(1)
(1) The department may issue licenses for the releasing, hunting, 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 be in the public interest.
29.865(2)
(2) No license may be issued unless the applicant owns or leases the land for which the license is issued. Boundaries of the land that is licensed shall be defined and posted as prescribed by the department.
29.865(3)
(3) The department shall determine the minimum number of pheasants and quail to be released for hunting on the licensed premises and establish the time limits during which the birds may be hunted.
29.865(4)(a)(a) Until the release of pheasants and quail is approved by the department, it is unlawful to hunt pheasants or quail on the licensed premises. When the release is approved by the department, the licensee and other persons designated by the licensee who are lawfully entitled to hunt small game may hunt on the licensed premises, have in possession and dispose of by gift the pheasants or quail.
29.865(4)(b)
(b) Each licensee shall keep a record of birds as required by the department. The licensed premises and records may be inspected by the department at any time and shall be furnished to the department on request.
29.865(4)(c)
(c) No pheasant or quail of the approved species may be removed from the licensed premises until there is securely attached to each bird a seal, the type and design of which shall be designated by the department, and the seal shall remain attached to the birds until they are finally prepared for consumption. The seal shall be supplied by the department at cost.
29.865(5)
(5) Only dead birds which have been killed by hunting may be removed from the licensed premises, and it is unlawful to sell or attempt to sell or to buy or attempt to buy any of these birds.
29.865(6)(a)(a) The department may not require that an application or report be notarized.
29.865(7)
(7) Any person other than the licensee, or a person authorized by the licensee, who hunts pheasants or quail on the licensed premises, is liable to the licensee for all damage which the person does to the pheasants or quail, but any action to recover damages shall be brought by the licensee.
29.865(8)
(8) Notwithstanding any other provision of this chapter, no person hunting on a licensed pheasant or quail farm is required to hold a hunting license.
29.867
29.867
Game bird and animal farms. 29.867(1)
(1) The owner or lessee of lands suitable for the breeding and propagating of game, birds or animals may, upon complying with this section, establish and maintain a game bird and animal farm for the purpose of breeding, propagating, killing and selling game birds and game animals. All waterfowl bred, propagated or held on a game bird and animal farm shall be enclosed within a covered enclosure by the licensee throughout the open season for hunting waterfowl in the state as required by the department.
29.867(1m)
(1m) This section does not apply to farm-raised deer.
29.867(2)
(2) A person desiring to establish and maintain a game bird and animal farm shall file with the department an application in the form and with the information required by the department.
29.867(2m)
(2m) If the applicant is the owner or lessee of the lands, the land is suitable for the breeding and propagating of game birds and animals and the applicant intends in good faith to establish and maintain a game bird and animal farm, the department shall issue a license to the applicant. The license shall describe the lands and shall authorize the licensee to breed, propagate, kill and sell the game birds and animals that are on the lands described in the license.
29.867(3)
(3) Upon issuance, subject to
s. 29.024 (2g) and
(2r), of the license, the department shall appoint one person, the licensee shall appoint one person, and these 2 appointees shall select a 3rd person, to determine as accurately as possible the number of wild birds and animals of the desired species on the land at the time of the issuing of the license. The necessary expenses of these persons shall be paid by the licensee. Within 30 days after the date of the determination as approved by the department, the licensee shall pay to the department a specified sum determined by the department for those species of wild birds and animals on the licensed premises that are desired for propagation purposes, the title of which is in the state.
29.867(3g)
(3g) When the payment under
sub. (3g) has been made, the licensee shall become the owner of all game birds or animals of the species licensed and of all of their offspring actually produced and remaining on the licensed premises, subject to the jurisdiction of the department over all game.
29.867(3m)
(3m) No game bird and animal farm license may be issued after May 24, 1961, except for those which are already being maintained, for any area less than one-quarter mile from the exterior boundaries of a state or federal wildlife area, public hunting grounds or refuge which is managed in whole or in part for pheasants, unless the licensed premises are completely enclosed as required by the department. All lands under one license shall be contiguous.
29.867(3n)
(3n) Within 30 days after issuance of a game bird and animal farm license, the licensee shall post signs at intervals of not more than 440 yards along the boundary of the licensed premises stating that the premises is a game bird and animal farm. The signs shall be furnished by the department to the licensee at cost.
29.867(5)
(5) A game bird and animal farm license is prima facie evidence of the right of the licensee or the licensee's successors or assigns, during the term of the license, to establish and maintain a game bird and animal farm on the licensed premises, and entitles the licensee, or the licensee's successors or assigns, during the term of the license, to the exclusive right to breed and propagate game birds and animals on the licensed premises, and to the exclusive ownership of game birds and animals taken on the licensed premises.
29.867(6)(a)(a) The game birds and animals, except waterfowl, may be taken at any time in any manner, subject to
s. 29.314, by any person who is lawfully entitled to hunt on the licensed premises, except that such a person hunting on the licensed premises is not required to hold a hunting license. Waterfowl may only be taken under rules promulgated by the department 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 the department determines that only mallards liberated or propagated by the licensee will be taken on licensed premises. The applicant shall certify to the department that mallards liberated or propagated for hunting were produced and reared in captivity and are more than 2 generations removed from the wild. Hand-reared mallards may not be released for hunting purposes unless the 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.
29.867(6)(b)
(b) No game bird or animal or mallards killed on the licensed premises and no live game bird or animal or mallards to be consumed as food may be removed from the premises until there has been securely fastened to each bird or animal a band or tag furnished by the department to the licensee at cost. The 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 to it a band or tag furnished by the department. Live birds or animals acquired from the licensee to be consumed as food may not be kept alive by any person beyond 48 hours from the time that the birds or animals were acquired from the licensee.
29.867(6)(c)
(c) Whenever any bird or animal from a game bird and animal farm is consumed for food, the band or tag attached to the bird or animal shall be kept until the bird or animal is consumed.
29.867(6m)
(6m) Notwithstanding any other provision of this chapter, no person hunting on a licensed game bird and animal farm is required to hold a hunting license.
29.867(7)
(7) Any person other than the licensee, or a person authorized by the licensee, who hunts game birds or animals on the licensed premises is liable to the licensee in the sum of $100, in addition to all damage which the person does to the game birds or animals, but any action to recover damages shall be brought by the licensee.
29.867(8)
(8) Each licensee shall keep records as required by the department. The licensed premises and records may be inspected by the department at any time and copies of the records shall be furnished to the department on request.
29.867(9)
(9) Any person who violates this section shall forfeit not more than $50.
29.867 Annotation
While the DNR has the authority to regulate the operation of game farms, its authority does not negate the power to enforce zoning ordinances against game farms. Both are applicable. Willow Creek Ranch v. Town of Shelby, 2000 WI 56,
235 Wis. 2d 409,
611 N.W.2d 693.
29.867 Annotation
The applicability of animal regulatory statutes to game farm operators is discussed.
72 Atty. Gen. 43.
29.867 Annotation
The shining provisions of s. 29.245 [now s. 29.314] apply to game, fur and deer farms.
80 Atty. Gen. 7.
29.869
29.869
Fur animal farms. 29.869(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 and maintain a fur animal farm, for the purpose of breeding, propagating, trapping and dealing in fur animals. Fur animal farms shall be of one or more of the following categories as specified in the license:
29.869(2)
(2) A person desiring to establish and maintain a fur animal farm shall file with the department an application in the form and with the information required by the department. The land under one license need not be contiguous.
