WI Stat § 169.04 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 169 - Captive wildlife.|169.04 - Possession of live wild animals.

169.04  Possession of live wild animals. (1) Restrictions on possession.  (a) No person may possess any live wild animal unless the wild animal is legally obtained.(b) No person may possess any live wild animal unless the person holds a license or other approval to possess the wild animal as required under this chapter or under s. 29.319 and the person is otherwise in compliance with this chapter and the rules promulgated under this chapter. (2)  Temporary possession. (a) A person possessing a live native wild animal for a period not to exceed 24 hours is exempt from having a license or other approval as required under sub. (1) (b) if the person is possessing the wild animal for any of the following purposes:1. To restrain or transport the wild animal for medical treatment by a veterinarian or by a person holding a rehabilitation license.2. To remove or transport the wild animal from one location to a more appropriate location.3. To restrain or transport the wild animal for game censuses or surveys, or other purposes authorized by the department.(b) If a person possessing a live native wild animal under par. (a) determines that it is necessary to possess the wild animal for a period exceeding 24 hours after the time the wild animal was first possessed, the person shall request that the department approve an extension of the time period for the temporary possession. The department may either deny the requested extension or approve it for a specific period of time.(d) If a live wild animal has been exposed to or infected with any contagious or infectious disease, as defined under rules promulgated by the department of agriculture, trade and consumer protection under s. 95.001 (2), during the time the wild animal is being temporarily possessed, the person possessing the wild animal shall ensure that a veterinarian files with the department of agriculture, trade and consumer protection a copy of a valid certificate of veterinary inspection that certifies that the wild animal is free of any such diseases before releasing it into the wild.(e) No person may operate on a live skunk to remove its scent glands unless the person holds a Class A or Class B captive wild animal farm license or unless the person is a veterinarian and the person bringing the skunk to the veterinarian holds such a license. A veterinarian to whom a person brings a live skunk for removal of its scent glands shall verify whether the person holds a Class A or Class B captive wild animal farm license. If the person does not hold such a license, the veterinarian shall notify that person that possession of a live skunk is illegal and shall notify the department. (3)  Wild animals under another jurisdiction. A live wild animal possessed by a nonresident under the legal authority of another state, province, or country may be possessed in this state by the nonresident for not more than 60 days from the date the wild animal enters the state if all of the following apply:(a) The nonresident ensures that a veterinarian files a copy of a valid certificate of veterinary inspection for the wild animal with the department of agriculture, trade and consumer protection.(b) The nonresident holds every license or other approval that is required by the other state, province, or country. (4)  Exemption for certain wild animals.  (a) A person is exempt from holding a license or other approval as required under this chapter to possess live native wild animals if the wild animals are not endangered or threatened species and are any of the following:1. Arthropods.2. Chipmunks.3. Pocket gophers.4. Mice.5. Moles.6. Mollusks.7. Opossums.8. Pigeons.9. Porcupines.10. Rats.11. Shrews.12. English sparrows.13. Starlings.14. Ground squirrels.15. Red squirrels.16. Voles.17. Weasels.(b) A person is exempt from holding a license or other approval as required under this chapter to possess live nonnative wild animals that are not endangered or threatened species, except for any of the following:1. Pheasants of the species Phasianus colchicus or Syrmaticus reevesii, chukar partridge, gray partridge, or red-legged partridge that are possessed for use under a bird hunting preserve license, a dog training license, a hound training license, a dog club training license, a dog trial license, or a hound trial license.2. Nonnative wild birds of the family anatidae that are migratory birds.3. Nonnative wild animals that are harmful wild animals. (5)  Exemption for certain persons and institutions.  (a) Each of the following is exempt from holding a license or other approval as required under this chapter to possess any wild animal:1. A veterinarian, for the purpose of providing medical treatment to wild animals.2. A public zoo or aquarium.3. A circus or the Circus World Museum located in Baraboo, Wisconsin.4. The department.5. A person who is licensed under s. 95.68 or 95.71 and who is possessing the wild animal under the authority of the license.6. A person who is licensed under s. 95.69 and who possesses wild animals for 10 days or less and solely for the purpose of resale or slaughter.(b) For purposes of par. (a) 1., “medical treatment" does not include rehabilitation. (5m)  Exemption for certain deer.  (a) A person holding a rehabilitation license who is rehabilitating white-tailed deer in Walworth County may possess these white-tailed deer after they have been rehabilitated without holding any other license or approval as required under this chapter and without being registered under s. 95.55 if all of the following conditions apply:1. The deer were taken from the wild before August 1, 2003.2. The license holder keeps the deer within a fenced area that has a double perimeter fence around the area and that complies with all of the requirements under the rules promulgated under s. 90.21 (6).3. The license holder identifies the deer by tagging or by other means as required by the department of agriculture, trade and consumer protection.4. The license holder does not propagate the deer or otherwise allow the deer to reproduce.5. The license holder does not remove, or authorize the removal of, the deer from the facilities and premises that are approved for use under the rehabilitation license.6. The license holder notifies the department of agriculture, trade and consumer protection of any illness found in any of the deer.7. If any of the deer dies, the license holder shall have the carcass tested for chronic wasting disease and shall have the test results submitted to the department of natural resources and the department of agriculture, trade and consumer protection.8. If any of the deer is found, as a result of testing, to have chronic wasting disease, the license holder shall have all of the deer destroyed.(b) Legal title to the white-tailed deer subject to par. (a) remains with the state.(c) The holder of the rehabilitation license who possesses the white-tailed deer as authorized under par. (a) shall immediately notify the department if any of the deer are not fenced as required under par. (a) 2., are not identified as required under par. (a) 3., reproduce, or are removed from the facilities and premises that are approved for use under the rehabilitation license.(d) Upon notification under par. (c), or if the department determines that any of the conditions under par. (a) are not met, the holder of the rehabilitation license shall no longer be authorized to possess the white-tailed deer.(e) If any of the deer escape from the facilities or premises that are approved for use under the rehabilitation license, the license holder shall notify the department immediately.(f) The holder of the rehabilitation license may not release any of the deer subject to par. (a) into the wild without the prior approval of the department. (6)  Inapplicability to certain wild animals.  (a) This section does not authorize the possession of harmful wild animals.(b) The possession of native wild reptiles and native wild amphibians is subject to s. 169.12 and not to this section.History:  2001 a. 56 ss. 75, 224; 2003 a. 179.