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.
29.869(3)
(3) If the applicant is the owner or lessee of the lands, the land is suitable for the breeding and propagating of fur animals and the applicant intends in good faith to establish and maintain a fur animal farm, subject to
s. 29.024 (2g) and
(2r), the department shall issue a license to the applicant. The license shall describe the lands and authorize the licensee to breed, propagate, trap and deal in fur animals that are on the licensed premises.
29.869(4)
(4) Upon issuance 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 the number of fur animals 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 10 days after the date of the 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 found on the land. Only those animals to be licensed under the fur animal farm are to be paid for. When payment has been made, the licensee becomes the owner of the fur animals on the licensed premises and of all of their offspring on the premises. The licensee may manage and control the licensed premises and the licensed fur animals on the premises, take the animals at any time or in any manner, subject to
s. 29.314, and sell and transport at any time the fur animals or the pelts taken from them.
29.869(6)
(6) Within 30 days after issuance of a fur 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 are a fur animal farm. The signs shall be furnished by the department to the licensee at cost.
29.869(7)
(7) A fur 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 fur 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 fur animals on the licensed premises and to the exclusive ownership of fur animals taken on the licensed premises.
29.869(8)
(8) Any person, other than the licensee, or a person authorized by the licensee, who hunts or traps fur animals upon 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 fur animals, but any action to recover damages shall be brought by the licensee.
29.869(9)
(9) 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.
29.869(10)
(10) Nothing in this section affects any public right of hunting, fishing or navigation except as expressly provided.
29.869 Annotation
The applicability of animal regulatory statutes to game farm operators is discussed.
72 Atty. Gen. 43.
29.871
29.871
Deer farms; venison serving permits. 29.871(1)
(1) The owner or lessee of any lands suitable for breeding and propagating of deer may, upon complying with this section, establish and maintain a deer farm for the purpose of breeding, propagating, killing and selling deer.
29.871(1m)
(1m) This section does not apply to deer of the genus dama, cervus or rangifer.
29.871(2)
(2) A person desiring to establish and maintain a deer farm shall file with the department an application in the form and with the information required by the department.
29.871(2m)
(2m) If the applicant is the owner or lessee of the lands, the land is suitable for the breeding and propagating of deer, and the applicant intends in good faith to establish and operate a deer farm, the department shall inform the applicant that it will issue a license when the applicant has built a suitable deer fence around the area to be licensed.
29.871(4)
(4) If the applicant is the owner or lessee of the lands and the applicant intends in good faith to establish 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 premises to be included within the license, it will issue a license. The applicant shall install a deer-tight fence in accordance with specifications prescribed by the department. After the installation of the fence, the department shall issue a license to the applicant. The license shall describe the lands and authorize the licensee to breed, propagate, kill and sell the deer that are on the licensed premises.
Section 29.024 (2g) and
(2r) applies to the issuance of licenses under this subsection.
29.871(4g)
(4g) Upon issuance of the license, the department shall determine as accurately as possible the number of deer on the licensed premises. The necessary expenses of the determination shall be paid by the licensee. The licensee shall pay the department $25 for each deer found on the license premises. When payment has been made, the licensee becomes the owner of all of the deer on the licensed premises and of all of the offspring on the licensed premises. The licensee may manage and control the licensed premises and the deer on the premises, kill the deer subject to
s. 29.314 and sell the deer as provided under this section.
29.871(4m)
(4m) Any streams whether meandered or not, flowing into or out of an enclosed 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.
29.871(5)
(5) The deer farm license shall be renewed each year, subject to
s. 29.024 (2g) and
(2r), if the licensee has not violated any of the provisions under which it was issued.
29.871(6)
(6) A deer 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 deer 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, propagate, kill subject to
s. 29.314 and sell deer on the land, and to the exclusive ownership of all deer taken on the land.
29.871(7)
(7) Deer on a deer farm may be killed only by the licensee or the licensee's employees 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 lawfully entitled to hunt deer except that any person hunting on a licensed deer farm is not required to hold a hunting license for deer. All deer killed on a deer farm shall be tagged with a tag furnished by the department to the licensee at cost. The licensee shall pay to the department $1 for each deer killed. Before any deer on a licensed deer farm may be killed, the licensee shall notify the department of the taking of the deer, and the department shall acknowledge receipt of the notice and the acknowledgment when received by the licensee is authority for taking deer. The department or any of its authorized representatives may be present while the taking of deer is in progress.
29.871(8)
(8) After a deer is killed and tagged, only the entire carcass may be sold and transported, except as provided in
sub. (14). The tag shall 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.
29.871(9)
(9) A licensee may sell and transport live deer providing that the department is notified in advance of the shipment of deer, and the department acknowledges receipt of the notice. The acknowledgment when received by the licensee is 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 live deer shall have a tag attached to it for each live deer, showing that it is a deer from a deer farm. The data on the tag shall be entered in ink or indelible pencil and the tag shall be retained by the purchaser of the deer. The tags shall be furnished by the department.
29.871(10)
(10) Any person other than the licensee, or the licensee's employees, who hunts deer 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 deer, but any action to recover damages shall be brought by the licensee.
29.871(11)
(11) Each license and title to the deer in the enclosure shall be conditioned upon the licensee complying with this section and other statutes and rules relating to the maintenance of deer farms. In an action to revoke the license the court, in the judgment, shall provide that the title to all of the deer within the enclosure is forfeited to the state; that the licensed premises may not be used for a deer farm for a period of 5 years and until a new license has been issued by the department after the 5-year period; that the department shall within 30 days of the notice of entry of judgment enter the premises and open the fences and may drive the animals out of the enclosure; that the lands for which the license has been forfeited may be used by the owner for all lawful purposes except the propagating of deer; and that during the 5-year period hunting or trapping is prohibited on the land. The department shall post notices of the judgment at intervals of 55 yards around the entire premises.
29.871(12)
(12) On or before January 1 of each year, each licensee shall report to the department, for the previous calendar year, on forms furnished by the department, stating the number of deer killed and sold and live deer sold, the names and addresses of the persons to whom the deer were sold and the dates of shipment.
29.871(13)
(13) The department may inspect deer farms or the records of deer farms at any time.
29.871(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 that is sold under this license is required to have a tag attached to it. The department shall furnish deer farm sales tags at cost.
29.871(14)(am)
(am) Subject to
s. 29.024 (2g) and
(2r), the department may issue retail deer sale permits authorizing a person to sell at retail white-tailed deer venison from a deer lawfully killed under this section if the venison is inspected under
s. 97.42.
29.871(14)(b)
(b) The department may issue a venison serving permit authorizing a person to serve venison obtained from a deer farm licensed under this section. The application for this permit shall be in the form and include the information the department requires. The department, subject to
s. 29.024 (2g) and
(2r), may issue a venison serving permit conditioned as follows:
29.871(14)(b)2.
2. It shall be exhibited in a conspicuous place in the premises where venison is retained and served.
29.871(14)(b)3.
3. It shall contain the name and address of the applicant, the name and address of the premises where the venison will be retained and served, the source of the venison, and 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.
29.871(14)(b)4.
4. The permittee shall record immediately upon possession all additional venison, purchased, possessed or served under the permit in the space provided on the permit.
29.871(14)(b)5.
5. The permittee agrees that the department may inspect the premises where venison is retained or served and that the venison will be inspected under
s. 97.42.
29.871(14)(b)6.
6. The permittee shall file a report with the department within 30 days after expiration of the permit containing such information as the department requires in the form required by the department.
29.871(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.
29.871(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.
29.871 Annotation
The applicability of animal regulatory statutes to game farm operators is discussed.
72 Atty. Gen. 43.
29.873
29.873
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 considered an agricultural pursuit, and all such animals so raised in captivity shall be considered 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.
29.873 History
History: 1997 a. 248 s.
630; Stats. 1997 s. 29.873.
29.875
29.875
Disposal of escaped deer.
