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LRB-2070/1
EHS:skw
2021 - 2022 LEGISLATURE
March 10, 2021 - Introduced by Senators Stafsholt, Bradley, Felzkowski,
Marklein and Stroebel, cosponsored by Representatives Edming,
Skowronski, Callahan, Knodl, Kurtz, Magnafici, Moses, Mursau, Rozar,
Tranel, VanderMeer and Wichgers. Referred to Committee on Sporting
Heritage, Small Business and Rural Issues.
SB191,1,3 1An Act to amend 29.885 (1) (a) and 167.31 (2) (d); and to create 167.31 (4) (fm)
2of the statutes; relating to: the authority to shoot a beaver or muskrat causing
3damage to a highway.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Natural Resources may remove or
authorize the removal of a wild animal that is causing damage or that is causing a
nuisance. This bill specifies that “damage” includes flooding and culvert blockages
caused by a beaver or muskrat.
Under current law, generally, the DNR removal of a wild animal may involve
capturing, shooting, setting a trap for, relocating, or otherwise destroying or
disposing of the wild animal. However, current law generally prohibits anyone from
discharging a firearm within 50 feet of the center of a roadway. This bill adds an
exception to this prohibition for DNR or an agent of a city, village, town, or county
authorized by DNR to shoot a beaver or muskrat that is causing damage to a highway
in which the roadway is located if the discharge does not pose a risk to public safety.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB191,1 4Section 1. 29.885 (1) (a) of the statutes is amended to read:
SB191,2,4
129.885 (1) (a) “Damage" means physical harm to forest products; streams;
2roads; dams; buildings; orchards; apiaries; livestock; and commercial agricultural
3crops, including Christmas trees and nursery stock. “Damage” includes flooding and
4culvert blockages caused by a beaver or muskrat.
SB191,2 5Section 2. 167.31 (2) (d) of the statutes is amended to read:
SB191,2,86 167.31 (2) (d) Except as provided in sub. (4) (a), (bg), (cg), (e), (fm), and (g), no
7person may discharge a firearm or shoot a bolt or an arrow from a bow or crossbow
8from or across a highway or within 50 feet of the center of a roadway.
SB191,3 9Section 3. 167.31 (4) (fm) of the statutes is created to read:
SB191,2,1510 167.31 (4) (fm) Subsection (2) (d) does not prohibit the department of natural
11resources, acting under s. 29.885, or an agent of a city, village, town, or county
12authorized by the department of natural resources under s. 29.885 from discharging
13a firearm within 50 feet of the center of a roadway in order to dispose of a beaver or
14muskrat that is causing damage to a highway in which the roadway is located if the
15discharge does not pose a risk to public safety.
SB191,2,1616 (End)
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