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.
The deer farm license shall be renewed each year, subject to s. 29.024 (2g)
, if the licensee has not violated any of the provisions under which it was issued.
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.
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.
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.
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.
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.
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.
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.
The department may inspect deer farms or the records of deer farms at any time.
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.
Subject to s. 29.024 (2g)
, 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
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)
, may issue a venison serving permit conditioned as follows:
It shall be exhibited in a conspicuous place in the premises where venison is retained and served.
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.
The permittee shall record immediately upon possession all additional venison, purchased, possessed or served under the permit in the space provided on the permit.
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
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.
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.
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.
The applicability of animal regulatory statutes to game farm operators is discussed. 72 Atty. Gen. 43
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.
History: 1997 a. 248
; Stats. 1997 s. 29.873.
Disposal of escaped deer. 29.875(1)
The department may seize and dispose of or may authorize the disposal of any deer that has escaped from land licensed under s. 29.867
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.
Notwithstanding sub. (1)
, the department 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.
History: 1991 a. 269
; 1995 a. 79
; 1997 a. 248
; Stats. 1997 s. 29.875.
Wildlife exhibit licenses. 29.877(2)(a)
"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 or farm-raised fish.
"Wildlife exhibit" means any place where live wild animals are kept in captivity for the purpose of exhibition or for advertising purposes, but does not include the exhibition of any live wild animal by any educational institution, state agency, public zoo, park or garden, circus or theatrical exhibition or any exhibition sponsored by any organization with the approval of the department.
The department may issue licenses for wildlife exhibits and shall prescribe the form of the application and license.
No wildlife exhibit license may be issued by the department until it is satisfied that the provisions for caring for the wild animals and for protecting the public are adequate.
The department shall promulgate rules for the care of wild animals kept in wildlife exhibits and for the protection of the public from injury by the wild animals.
No person may maintain a wildlife exhibit, unless the person has a wildlife exhibit license. A wildlife exhibit license is required in addition to any game bird and animal farm or fur farm license or deer farm license if these farms are wildlife exhibits.
Each licensee shall file a report with the department within 30 days after expiration of the license containing such information as the department may require and on forms furnished by the department.
Humane, adequate and sanitary care of wild animals. 29.879(1)(1)
The department may examine all lands and buildings licensed as game bird and animal farms, deer farms, fur farms or wildlife exhibits to determine whether wild animals held in captivity are treated in a humane manner and confined under sanitary conditions with proper care.
The department may order any licensee to comply with standards prescribed in the order for the care of wild animals held in captivity by the licensee. The licensee shall comply with the order of the department within 10 days of issuance.
This section does not apply to farm-raised deer.
History: 1975 c. 365
; 1995 a. 79
; 1997 a. 248
; Stats. 1997 s. 29.879.
Giving predatory animals to public zoos. 29.881(1)(1)
The department may give any predatory animal to a public zoo.
Any predatory animal that has been given to a public zoo under this section may not be sold, bartered or given away by the zoo, except that the animal may be returned to the department.
History: 1997 a. 248
; Stats. 1997 s. 29.881.
Removal of wild animals. 29.885(1)(a)
"Damage" means harm to forest products; streams; roads; dams; buildings; orchards; apiaries; livestock; and commercial agricultural crops, including Christmas trees and nursery stock.
"Private property holder" means an owner, lessee or occupant of private property.
"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.
"Remove" means capture, shoot, set a trap for, relocate, or otherwise destroy or dispose of.
Notwithstanding s. 29.001 (90)
, "wild animal" means any undomesticated mammal or bird, but does not include farm-raised deer or farm-raised fish.
(2) Department authority.
The department may remove or authorize the removal of all of the following:
A wild animal that is causing damage or that is causing a nuisance.
A structure of a wild animal that is causing damage or that is causing a nuisance.
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.
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.
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 at any time from one hour before sunrise until one hour after sunset if all of the following conditions apply:
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.
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.
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.
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.
(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 or under any municipal ordinance.
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. 29.889
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.
Before taking action under sub. (3) (b)
, the department may require the person making the complaint to participate in any available wildlife damage abatement program administered under s. 29.889
or to follow reasonable abatement measures recommended by the department.
(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.
(7) No duty; immunity from liability. 29.885(7)(a)(a)
Except as provided in par. (d)
, no private property holder and no officer, employee 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:
A duty to keep the property safe for removal activities.
A duty to give warning of an unsafe condition, use or activity on the property.
Except as provided in par. (d)
, no private property holder and no officer, employee or agent of a private property holder is liable for any of the following injuries that occur on the private property holder's property:
An injury to a person engaging in a removal activity.
An injury caused by a person engaging in a removal activity.
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.
(d) Paragraphs (a)
do not apply if any of the following conditions exist:
An injury is caused by the malicious failure of the private property holder or an officer, employee or agent of the private property holder to warn against an unsafe condition on the property, of which the private property holder has knowledge.
An injury is caused by a malicious act of a private property holder or of an officer, employee or agent of a private property holder.
An injury is sustained by an employee of a private property holder acting within the scope of his or her duties.