reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 167 - Safeguards of persons and property. › 167.30 - Use of firearms, etc., near park, etc.

167.30
Use of firearms, etc., near park, etc.
(1)
Any person who shall discharge or cause the discharge of any missile from any firearm, slung shot, bow and arrow or other weapon, within 40 rods of any public park, square or enclosure owned or controlled by any municipality within this state and resorted to for recreation or pleasure, when such park, square or enclosure is wholly situated without the limits of such municipality, shall be punished by imprisonment in the county jail not exceeding 60 days or by fine of not more than $25 nor less than one dollar.
(2)
Subsection (1) does not apply to the discharge of a firearm if the actor's conduct is justified or, had it been subject to a criminal penalty, would have been subject to a defense described in s. 939.45.
History:  2011 a. 35.
2023 Wisconsin Statutes & Annotations › Chapter 167 - Safeguards of persons and property. › 167.32 - Safety at sporting events.

167.32
Safety at sporting events.
(1)
Definitions. In this section:
(a)
“Alcohol beverages" means fermented malt beverages and intoxicating liquor.
(b)
“Facility" means building or stadium.
(c)
“Fermented malt beverages" has the meaning designated in s. 125.02 (6).
(d)
“Intoxicating liquor" has the meaning designated in s. 125.02 (8).
(e)
“Passing" includes pushing, pulling, throwing and moving.
(f)
“Sports facility" means a facility where sporting events are held, regardless of whether that is the exclusive use of the facility.
(2)
Body passing.
(a)
A spectator at a sporting event at a sports facility shall not participate in the process of passing another person above the floor or ground from one location to another.
(b)
Paragraph (a) does not apply to the act of a person moving another person in order to render first aid or otherwise assist or care for that other person.
(3)
Object passing. A spectator at a sporting event at a sports facility shall not participate in the process of passing bleachers, seats or other objects in a manner which threatens the safety of other persons.
(4)
Alcohol consumption.
(a)
A spectator shall not bring alcohol beverages into a sports facility where there is a sporting event at the sports facility.
(b)
A spectator shall not possess or consume alcohol beverages at a sporting event at a sports facility if the alcohol beverages were brought to the facility as specified in par. (a).
(c)
This subsection does not apply to any vendor or other person who brings alcohol beverages into a sports facility with the authorization of the person in charge of the facility.
(5)
Forfeiture. Any person who violates sub. (2), (3) or (4) shall forfeit $50.
(6)
Citation procedure. The state may use the citation procedures under s. 778.25 to enforce this section. A county or municipality may use the citation procedures under s. 778.25 to enforce a local ordinance strictly conforming to this section.
History:  1985 a. 254.
2023 Wisconsin Statutes & Annotations › Chapter 168 - Petroleum products and dangerous substances. › 168.01 - Definitions.

168.01
Definitions.
In this subchapter:
(1)
“Department" means the department of agriculture, trade and consumer protection.
(2)
“Inspector" means a duly authorized petroleum products inspector of the department.
(2s)
“Person" includes any individual, sole proprietorship, partnership, limited liability company, corporation, or association. A single-owner entity that is disregarded as a separate entity under ch. 71 is disregarded as a separate entity for purposes of this subchapter.
(3)
“Petroleum products" means gasoline, gasoline-alcohol fuel blends, kerosene, fuel oil, burner oil and diesel fuel.
(4)
“Supplier" includes a person who imports, or acquires immediately upon import, petroleum products by pipeline or marine vessel from a state, territory or possession of the United States or from a foreign country into a terminal and who is registered under 26 USC 4101 for tax-free transactions in gasoline. “Supplier" also includes a person who produces in this state; or imports into a terminal or bulk plant; or acquires immediately upon import by truck, railcar or barge into a terminal; alcohol or alcohol derivative products. “Supplier" also includes a person who produces, manufactures or refines petroleum products in this state. “Supplier" also includes a person who acquires petroleum products pursuant to an industry terminal exchange agreement or by a 2-party exchange under section 4105 of the Internal Revenue Code. “Supplier" does not include a retail dealer or wholesaler who merely blends alcohol with gasoline before the sale or distribution of the product and does not include a terminal operator who merely handles in a terminal petroleum products consigned to the terminal operator.
History:  1971 c. 215; 1995 a. 27ss. 4473 and 9116 (5); 1997 a. 27; 2005 a. 25; 2011 a. 32; 2013 a. 20 ss. 1951 to 1953, 1955, 1957; 2015 a. 216.
2023 Wisconsin Statutes & Annotations › Chapter 168 - Petroleum products and dangerous substances. › 168.04 - Standards.

168.04
Standards.
(1)
The department by rule shall prescribe minimum product grade specifications for gasoline, automotive gasoline, gasoline-alcohol fuel blends, reformulated gasoline, as defined in s. 285.37 (1), and kerosene and may prescribe product grade specifications for aviation gasoline, fuel oils, and diesel fuels.
(2)
(a)
Except as provided in par. (b), the rules required under sub. (1) shall prohibit gasoline, automotive gasoline, gasoline-alcohol fuel blends, and reformulated gasoline, as defined in s. 285.37 (1), beginning on August 1, 2004, from containing more than 0.5 percent, by volume, of methyl tertiary-butyl ether.
(b)
The rules required under sub. (1) shall not prohibit racing fuel used at racing events or in preparation for racing events from containing any amount of methyl tertiary-butyl ether.
(3)
Except as otherwise provided in this section, rules promulgated under this section shall be in conformity with nationally recognized standards, specifications, and classifications, such as those published by ASTM International, the Society of Automotive Engineers, and the U.S. Environmental Protection Agency. The department may not promulgate or enforce a rule prohibiting the placement of additional information on the dispensing device.
(4)
(a)
In this subsection, “gasoline-ethanol fuel blend” includes such a fuel blend for both automotive and nonautomotive uses.
(b)
Except as provided under par. (c), compliance with the requirements, established by the department by rule under sub. (1), of ASTM D4814-17 or the most current version of testing methods adopted by the department may be demonstrated by testing a gasoline-ethanol fuel blend or testing the gasoline base stock from which the gasoline-ethanol fuel blend is produced.
(c)
The department may promulgate rules that require that a gasoline-ethanol fuel blend and the gasoline base stock from which the gasoline-ethanol fuel blend is produced meet the requirements of ASTM D4814-17, or the most current version of testing methods adopted by the department. A rule promulgated under this paragraph may not take effect sooner than July 1, 2019.
History:  1971 c. 206; 1977 c. 29; 1979 c. 140; 1989 a. 295; 1991 a. 302; 1995 a. 227; 2003 a. 45; 2015 a. 186; 2017 a. 59.
Legislative Council Note, 1979: Clarifies that the department of industry, labor and human relations has authority to promulgate standards for gasoline-alcohol fuel blends. The existing requirement that rules be in conformity with nationally recognized standards, including those published by the U.S. environmental protection agency, should ensure that any rules establishing standards for gasoline-alcohol fuel blends are consistent with federal rulings on those additives permitted to be mixed with unleaded gasoline. [Bill 456-A]
2023 Wisconsin Statutes & Annotations › Chapter 168 - Petroleum products and dangerous substances. › 168.06 - Powers.

168.06
Powers.
(1)
For the purposes of administering this subchapter, inspectors may take samples of gasoline, gasoline-alcohol fuel blends, kerosene, other refined oils, fuel oils and petroleum distillates for tests and make inspections at any points within or without this state, and may open any original container containing gasoline, gasoline-alcohol fuel blends, kerosene, other refined oils, fuel oils and petroleum distillates and take a true sample of not less than 8 ounces of the contents thereof, even though the original containers may still be in the possession of a common or contract carrier, provided the opening and sampling does not unduly inconvenience or hamper the transportation of the products. After the original containers are opened and sampled the same shall be resealed with seals furnished by the department for such purposes. The authority conferred by this section shall be in addition to, and not in limitation of, any of the provisions of s. 168.05.
(2)
If any petroleum product is emptied or transferred into any container in which is contained any other grade of petroleum product, then the entire commingling shall be deemed uninspected and a sample of such commingled petroleum product shall be taken before such commingled petroleum product is removed from such container, sold, offered for sale or used.
(3)
Notice of such commingling of any petroleum products shall be given in the same manner and subject to the same conditions as notice of the receipts of petroleum products as provided in s. 168.05. The sample of such commingled petroleum products shall be taken by the inspector within a reasonable length of time, as defined and set forth in s. 168.05, after notice. If such inspector does not take such sample within such time, the commingler shall take a true sample of not less than 8 ounces of the commingled petroleum products. The taking, sealing and holding of such sample by the commingler shall, so far as applicable, be governed by the provisions of s. 168.05 relating to the same by a person receiving a petroleum product.
History:  1971 c. 206; 1979 c. 140; 2013 a. 20; 2013 a. 168 s. 21.
2023 Wisconsin Statutes & Annotations › Chapter 168 - Petroleum products and dangerous substances. › 168.07 - Inspections; requirements.

168.07
Inspections; requirements.
(1)
The inspector shall inspect each sample of petroleum product and if the inspector finds that it meets the minimum specifications prescribed by the department, the inspector shall issue an inspection certificate, except that inspections for particular grade specifications shall be at the discretion of the department. If an inspector believes that a product has been misidentified, an inspection shall be performed. If the inspector finds that the petroleum product does not meet the minimum specifications prescribed by the department, the inspector shall notify the person for whom the inspection was made. After such notice, no person may sell or use the product in this state or remove it from storage as long as it fails to meet the minimum specifications prescribed by the department or until satisfactory disposition is approved by the inspector. Any transporter, wholesaler or distributor of petroleum products who delivers or causes to be delivered a petroleum product that fails to meet the minimum specifications prescribed by the department shall, at the direction of the department, remove the petroleum product and dispose of it in a manner approved by the department. The department may contract for the performance of testing conducted under this subsection.
(2)
Inspections under sub. (1) shall be conducted, so far as applicable, in accordance with the methods outlined in the latest revision of the ASTM Book of Standards of ASTM International.
History:  1971 c. 206; 1977 c. 29, 418; 1991 a. 302; 1995 a. 27; 1999 a. 9; 2015 a. 186.
2023 Wisconsin Statutes & Annotations › Chapter 168 - Petroleum products and dangerous substances. › 168.08 - Records.

168.08
Records.
The department shall keep a record of each inspection made, showing:
(1)
Time and place of each inspection.
(6)
Name and address of person for whom inspection is made.
History:  1995 a. 27; 2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 168 - Petroleum products and dangerous substances. › 168.09 - Authority to enter.

168.09
Authority to enter.
Any inspector may enter in or upon the premises of any manufacturer, vendor, dealer or user of gasoline, gasoline-alcohol fuel blends, kerosene, other refined oils, fuel oils and petroleum distillates, during regular business hours to determine whether any petroleum product intended for sale or use has not been sampled and inspected in accordance with this subchapter.
History:  1971 c. 206; 1979 c. 140; 2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 168 - Petroleum products and dangerous substances. › 168.10 - Access to records.

168.10
Access to records.
Every agent or employee of any railroad company or other transportation company and every person transporting gasoline, gasoline-alcohol fuel blends, kerosene, other refined oils, fuel oils and petroleum distillates, having the custody of books or records showing the shipment or receipt of gasoline, gasoline-alcohol fuel blends, kerosene, or other refined oils, fuel oils and petroleum distillates shall give and permit the department and the inspectors; and, in regard to the fee under s. 168.12 (1), shall give and permit the department of revenue; free access to such books and records for the purpose of determining the amount of petroleum products shipped and received. All clerks, bookkeepers, express agents, railroad agents or officials, employees, or common carriers, or other persons shall provide the department and the inspectors; and, in regard to the fee under s. 168.12 (1), shall provide the department of revenue; all information in their possession when so requested in tracing, finding, sampling and inspecting such shipments.
History:  1971 c. 206; 1979 c. 140; 1995 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 168 - Petroleum products and dangerous substances. › 168.105 - Dispensing gasoline-ethanol fuel blends.

168.105
Dispensing gasoline-ethanol fuel blends.
A dispensing device at a retail station may be used to dispense through the same fueling nozzle and hose gasoline-ethanol fuel blends containing greater than 10 percent and not more than 15 percent ethanol by volume, gasoline containing no ethanol, and gasoline-ethanol fuel blends containing not more than 10 percent ethanol by volume if any of the following applies:
(1)
All of the following apply:
(a)
The retail station provides a device having at least one fueling nozzle and hose that dispenses only gasoline-ethanol fuel blends containing no more than 10 percent ethanol by volume.
(b)
A label satisfying the requirements under s. 168.11 (1) (b) 3. is prominently affixed to the dispensing device stating “Passenger Vehicles Only. Use in Other Vehicles, Engines and Equipment May Violate Federal Law.”
(c)
The retail station displays signs informing customers of the availability and location of the device required under par. (a).
(2)
A label satisfying the requirements under s. 168.11 (1) (b) 3. is prominently affixed to the dispensing device that states that a minimum purchase of 4 gallons is required.
History:  2019 a. 64; 2021 a. 239 s. 74.
2023 Wisconsin Statutes & Annotations › Chapter 168 - Petroleum products and dangerous substances. › 168.125 - Reports; payment.

168.125
Reports; payment.
Persons who are liable for the fee under this subchapter shall state the number of gallons of petroleum products on which the fee is due and the amount of their liability for the fee in the reports under s. 78.12 (1) to (3). The requirements for payment of the motor vehicle fuel tax under s. 78.12 (5) apply to the fee under this subchapter.
History:  1995 a. 27; 2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 168 - Petroleum products and dangerous substances. › 168.128 - Deposit of fees.

168.128
Deposit of fees.
Revenues from one cent per gallon of the fee under s. 168.12 (1) shall be deposited in the transportation fund and revenues from one cent per gallon of the fee under s. 168.12 (1) shall be deposited in the petroleum inspection fund.
History:  2019 a. 9.
2023 Wisconsin Statutes & Annotations › Chapter 168 - Petroleum products and dangerous substances. › 168.13 - Required records.

168.13
Required records.
Every person receiving petroleum products in this state shall keep books and records of all petroleum products so received, together with bills of lading, waybills and other pertinent documents. Such books and records and other papers and documents shall, at all times during business hours of the day, be subject to inspection by the department and its inspectors, and are subject to inspection by the department of revenue in regard to the fee under s. 168.12 (1). Such books, records and other papers and documents shall be preserved for not less than 4 years, unless the department, in writing, authorizes their destruction or disposal at an earlier date.
History:  1995 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 168 - Petroleum products and dangerous substances. › 168.14 - Misbranding.

168.14
Misbranding.
(1)
It is unlawful for any person to represent, advertise, promote for sale, offer for sale or sell any lubricating oil which is in part or wholly derived from previously used lubricating oil unless such representation, advertisement, sales promotion and the container or item of equipment through which such previously used lubricating oil is shipped, stored, offered for sale or sold, clearly and conspicuously identifies to the public that such lubricating oil has been previously used. The identification shall contain appropriate and descriptive words such as “Reclaimed used lubricating oil," “Rerefined used lubricating oil," “Recleaned used lubricating oil" or “Reconditioned used lubricating oil".
(2)
No person may receive, unload, use, sell or offer for sale in this state, any gasoline, gasoline-alcohol fuel blends, kerosene, fuel oils, diesel fuels or other petroleum distillates which the person knows, or reasonably should know, is misidentified as to name or grade. Gasoline-ethanol blends that are identified in compliance with s. 168.11 when sold at retail are correctly identified as to name. Biodiesel blends that are identified in compliance with sub. (2m) (c) 4. when sold at retail are correctly identified as to name.
(2m)
(a)
“Biodiesel fuel" means a fuel that is comprised of monoalkyl esters of long chain fatty acids derived from vegetable oils or animal fats.
(b)
No person may represent, advertise, label, or otherwise promote for sale a fuel as being biodiesel fuel unless the fuel meets all of the following requirements:
1.
The fuel is registered as biodiesel fuel by a manufacturer under 40 CFR Part 79.
2.
The fuel is pure biodiesel fuel, is identified as such with the alphanumeric B100, and does not contain any petroleum product, any additive, or other foreign material.
3.
The fuel meets all of the applicable requirements of ASTM International.
(c)
No person may represent, advertise, label, or otherwise promote for sale a fuel as being a blend of biodiesel and petroleum-based fuel unless the fuel meets all of the following requirements:
1.
The volume percentage of the biodiesel fuel to the petroleum-based fuel is at least 2 percent.
2.
The fuel is blended with petroleum-based diesel fuel.
3.
The fuel meets all of the applicable requirements of ASTM International.
4.
The volume percentage under subd. 1. is disclosed to the purchaser and is identified by use of the alphanumeric Bxx, with a number replacing the xx in the alphanumeric and with that number representing the volume percentage of biodiesel fuel in the biodiesel fuel blend.
(3)
A person who sells a gasoline-ethanol fuel blend to a person selling or offering to sell it at wholesale or retail shall provide information before the sale on the ethanol content of the fuel blend to the person selling or offering to sell it and shall provide written verification of the ethanol content at delivery of the fuel blend.
History:  1971 c. 206; 1977 c. 29; 1979 c. 140; 1989 a. 295.; 2005 a. 83; 2015 a. 186.
2023 Wisconsin Statutes & Annotations › Chapter 168 - Petroleum products and dangerous substances. › 168.15 - Penalty.

168.15
Penalty.
Every person who violates any provision of this subchapter that is not related to the fee under s. 168.12 (1) shall forfeit not less than $10 nor more than $100 for each violation. Each day a person fails to comply with any provision of this subchapter is a separate violation.
History:  1983 a. 122; 1995 a. 27; 2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 168 - Petroleum products and dangerous substances. › 168.16 - Duties of department.

168.16
Duties of department.
(1)
The department shall enforce this subchapter. Inspection districts shall be defined and numbered by the department.
(2)
Any accident or explosion involving products of petroleum which comes to the knowledge of the department shall be investigated to determine whether or not there has been a violation of this subchapter.
(3)
The department may, upon request of state agencies or local authorities, assist in the investigation of hazardous situations involving suspected or known products of petroleum.
(4)
The department may promulgate reasonable rules relating to the administration and enforcement of this subchapter.
History:  1971 c. 206; 2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 168 - Petroleum products and dangerous substances. › 168.17 - Attorney general and district attorney to prosecute.

168.17
Attorney general and district attorney to prosecute.
Upon request of the department, the attorney general or proper district attorney shall prosecute any action to enforce this subchapter except the fee that is imposed under s. 168.12 (1).
History:  1995 a. 27; 2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 168 - Petroleum products and dangerous substances. › 168.21 - Definitions.

168.21
Definitions.
In this subchapter:
(1)
“Combustible liquid" means a liquid having a flash point at or above 100 degrees fahrenheit and below 200 degrees fahrenheit.
(2)
“Department" means the department of agriculture, trade and consumer protection.
(3)
“Federally regulated hazardous substance" means a hazardous substance, as defined in 42 USC 9601 (14).
(4)
“Flammable liquid" means a liquid having a flash point below 100 degrees fahrenheit.
(5)
“Flash point" means the minimum temperature at which a flammable or combustible liquid will give off sufficient flammable vapors to form an ignitable mixture with air near the surface of the liquid or within the vessel which contains the liquid.
(6)
“Secondary containment" means a barrier, approved by the department, that is installed around a storage tank system and that is designed to prevent a leak from a primary tank or piping from contacting the surrounding earth or waters of the state.
(7)
“Waters of the state" has the meaning specified under s. 281.01 (18).
History:  2013 a. 20 ss. 1601 to 1607, 1970; Stats. 2013 s. 168.21.
2023 Wisconsin Statutes & Annotations › Chapter 168 - Petroleum products and dangerous substances. › 168.22 - Storage tanks.

168.22
Storage tanks.
(1)
Except as provided under subs. (2) to (5), every person who constructs, owns or controls a tank for the storage, handling or use of liquid that is flammable or combustible or a federally regulated hazardous substance shall comply with the standards adopted under s. 168.23.
(2)
This subchapter does not apply to storage tanks which require a hazardous waste license under s. 291.25.
(3)
This subchapter does not apply to storage tanks which are installed above ground level and which are less than 5,000 gallons in capacity.
(4)
Any rules promulgated under s. 168.23 requiring an owner to test the ability of a storage tank, connected piping or ancillary equipment to prevent an inadvertent release of a stored substance do not apply to storage tanks that satisfy all of the following:
(a)
Are installed before October 29, 1999.
(b)
Have a capacity of less than 1,100 gallons.
(c)
Are used to store heating oil for residential, consumptive use on the premises where stored.
(5)
This subchapter does not apply to a pressurized natural gas pipeline system regulated under 49 CFR 192 and 193.
History:  2013 a. 20 ss. 1608 to 1614; Stats. 2013 s. 168.22.
2023 Wisconsin Statutes & Annotations › Chapter 168 - Petroleum products and dangerous substances. › 168.24 - Secondary containment requirements.

168.24
Secondary containment requirements.
(1)
In this section, “hazardous substance" means a combustible liquid, a flammable liquid, or a federally regulated hazardous substance.
(2)
The department may not impose any requirement that specifies that pipe connections at the top of a storage tank and beneath all freestanding pumps and dispensers that routinely contain a hazardous substance be placed within secondary containment sumps, if the pipe connections were installed or in place on or before February 1, 2009. This section does not apply after December 31, 2020.
History:  2013 a. 20 ss. 1620 to 1622; Stats. 2013 s. 168.24.
2023 Wisconsin Statutes & Annotations › Chapter 168 - Petroleum products and dangerous substances. › 168.25 - Enforcement.

168.25
Enforcement.
(1)
The department shall enforce this subchapter.
(2)
The department shall issue orders directing and requiring compliance with the rules and standards of the department adopted under this subchapter whenever, in the judgment of the department, the rules or standards are threatened with violation, are being violated or have been violated.
(3)
The circuit court for any county where violation of such an order occurs has jurisdiction to enforce the order by injunctive and other appropriate relief.
History:  2013 a. 20 ss. 1623 to 1626; Stats. 2013 s. 168.25.
2023 Wisconsin Statutes & Annotations › Chapter 168 - Petroleum products and dangerous substances. › 168.26 - Penalties.

168.26
Penalties.
Any person who violates this subchapter or any rule or order adopted under this subchapter shall forfeit not less than $10 nor more than $5,000 for each violation. Each violation of this subchapter or any rule or order under this subchapter constitutes a separate offense and each day of continued violation is a separate offense.
History:  2013 a. 20 s. 1627; Stats. 2013 s. 168.26.
2023 Wisconsin Statutes & Annotations › Chapter 168 - Petroleum products and dangerous substances. › 168.28 - Inventory of petroleum product storage tanks.

168.28
Inventory of petroleum product storage tanks.
(1)
Definitions. In this section:
(a)
Notwithstanding s. 168.01 (3), “petroleum product" means materials derived from petroleum, natural gas, or asphalt deposits and includes gasoline, diesel and heating fuels, liquefied petroleum gases, lubricants, waxes, greases, and petrochemicals.
(b)
“Storage tank" means an enclosed container with a capacity in excess of 60 gallons which is used to hold a petroleum product, regardless of the duration of storage and which is intended for use as a fixed, rather than as a portable, installation.
(2)
Inventory of storage tanks. The department shall undertake a program to inventory and determine the location of aboveground storage tanks and underground storage tanks. The department may require its deputies and any person engaged in the business of distributing petroleum products to provide information on the location of aboveground storage tanks and underground storage tanks. The department shall develop uniform procedures for reporting the location of aboveground storage tanks and underground storage tanks.
History:  1983 a. 410; 1989 a. 254; 1991 a. 82; 2013 a. 20 ss. 1631 to 1633; Stats. 2013 s. 168.28.
2023 Wisconsin Statutes & Annotations › Chapter 169 - Captive wildlife. › 169.02 - Title to wild animals.

169.02
Title to wild animals.
(1)
Title vested in owner. Except as provided in sub. (3), legal title to a live captive wild animal or the carcass of a captive wild animal is vested in the person who owns the wild animal if the person is in compliance with this chapter and the rules promulgated under this chapter. A person holding legal title may transfer without consideration the live captive wild animal or the carcass of the captive wild animal to a person who is in compliance with this chapter and the rules promulgated under this chapter. A person holding legal title to a live captive wild animal may kill it, or have it killed, in a humane manner.
(2)
Title with state. The department may assume on behalf of the state, or may sell or otherwise transfer to another person, legal title to any live captive wild animal, or the carcass of any captive wild animal, that is possessed by any person in violation of this chapter or the rules promulgated under this chapter.
(3)
Exceptions. Legal title to a live captive wild animal or the carcass of a captive wild animal that is possessed as authorized under a rehabilitation license or a scientific research license remains with the state. A person holding a rehabilitation license or a scientific research license may transfer or dispose of a live captive wild animal or the carcass of a captive wild animal only as specifically authorized by the department.
History:  2001 a. 56.
2023 Wisconsin Statutes & Annotations › Chapter 169 - Captive wildlife. › 169.03 - Interagency cooperation.

169.03
Interagency cooperation.
The department of natural resources and the department of agriculture, trade and consumer protection shall cooperate with each other with respect to any wild animal that is subject to regulation under this chapter and under ch. 93 or 95.
History:  2001 a. 56.
2023 Wisconsin Statutes & Annotations › Chapter 169 - Captive wildlife. › 169.05 - Taking of wild animals.

169.05
Taking of wild animals.
(1)
Requirement. No person may take any wild animal from the wild except as authorized under a bird hunting preserve license, a wild fur farm license, a rehabilitation license, or a scientific research license or under s. 29.319.
(2)
Exemption for certain wild animals. A person is exempt from the requirement under sub. (1) if the wild animal that the person takes from the wild is a native wild animal that is exempt under s. 169.04 (4) (a).
(3)
Exemption for certain persons and institutions.
(a)
Each of the following is exempt from the requirement under sub. (1):
1.
A veterinarian, for the purpose of providing medical treatment to wild animals.
2.
The department.
(b)
For purposes of par. (a) 1., “medical treatment" does not include rehabilitation.
(4)
Inapplicability to certain wild animals.
(a)
This section does not authorize the taking of harmful wild animals.
(b)
The taking of native wild reptiles and native wild amphibians is subject to s. 169.12 and not to this section.
History:  2001 a. 56.
2023 Wisconsin Statutes & Annotations › Chapter 169 - Captive wildlife. › 169.07 - Exhibition of live wild animals.

169.07
Exhibition of live wild animals.
(1)
Requirement.
(a)
No person may exhibit any captive live native wild animal or any captive live nonnative wild animal of the family ursidae except as authorized under a captive wild animal farm license, a rehabilitation license, a nonprofit educational exhibiting license, or a nonresident temporary exhibiting license or under s. 29.319.
(b)
If a person exhibits a wild animal subject to par. (a) under the authority of a captive wild animal farm license or a rehabilitation license, the person may exhibit only those species of wild animals that are specified by the department on the license.
(2)
Exemption for certain wild animals. A person is exempt from the requirements under sub. (1) if the wild animal that the person exhibits is a wild animal that is exempt under s. 169.04 (4) (a) or (b).
(3)
Exemption for certain institutions. Each of the following is exempt from the requirements under sub. (1):
(a)
A public zoo or aquarium.
(b)
A circus or the Circus World Museum located in Baraboo, Wisconsin.
(c)
The department.
(d)
A person who is licensed under s. 95.68.
(e)
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.
(4)
Inapplicability to certain wild animals. This section does not authorize the exhibiting of harmful wild animals.
History:  2001 a. 56.
2023 Wisconsin Statutes & Annotations › Chapter 169 - Captive wildlife. › 169.08 - Propagation of wild animals.

169.08
Propagation of wild animals.
(1)
Requirement. No person may propagate any native wild animal or any nonnative wild animal of the family ursidae except as authorized under a captive wild animal farm license, a bird hunting preserve license, a wild fur farm license, a nonprofit educational exhibiting license, or a scientific research license.
(2)
Exemption for certain wild animals. A person is exempt from the requirement under sub. (1) if the wild animal that the person propagates is a wild animal that is exempt under s. 169.04 (4) (a) or (b).
(3)
Exemption for certain institutions. Each of the following is exempt from the requirement under sub. (1):
(a)
A public zoo or aquarium.
(b)
A circus or the Circus World Museum located in Baraboo, Wisconsin.
(c)
The department.
(4)
Inapplicability to certain wild animals. This section does not authorize the propagating of harmful wild animals.
History:  2001 a. 56.
2023 Wisconsin Statutes & Annotations › Chapter 169 - Captive wildlife. › 169.085 - Rehabilitation of wild animals.

169.085
Rehabilitation of wild animals.
(1)
Requirement. No person may rehabilitate any wild animal except as authorized under a rehabilitation license.
(2)
Inapplicability to certain wild animals. This section does not authorize the rehabilitation of harmful wild animals.
History:  2001 a. 56.
2023 Wisconsin Statutes & Annotations › Chapter 169 - Captive wildlife. › 169.09 - Hunting of captive wild animals.

169.09
Hunting of captive wild animals.
(1)
Requirement; generally. No person may hunt a captive wild animal except as authorized under a bird hunting preserve license, a bird dog training license, a hound dog training license, a dog club training license, a bird dog trial license, or a hound dog trial license.
(1m)
Possession of weapon while hunting. Notwithstanding any authorization for hunting under this section, no person may do any of the following:
(a)
Shoot or shoot at any wild animal that is or has been captive while hunting unless the person is in physical possession of the weapon.
(b)
Provide or operate, or offer to provide or operate, a facility that allows a person the opportunity to hunt any wild animal that is or has been captive if the person who is hunting is in violation of par. (a).
(2)
Requirement; commercial hunting.
(a)
No person may sell or offer to sell or purchase or offer to purchase the opportunity to hunt any wild animal that is or has been captive except as authorized under one of the following:
1.
A bird hunting preserve license.
2.
A dog training license, if the hunting does not involve the release of a captive wild animal into the wild and does not include shooting, shooting at, intentional killing, or attempting to kill any wild animal.
(b)
This subsection does not apply to any of the following:
1.
Fees paid to enter into an organized competitive field trial event involving sporting dog breeds that is sanctioned, licensed, or recognized by a local, state, regional, or national dog organization and authorized under a valid bird dog trial license or hound dog trial license.
2.
Membership fees paid to join a dog club.
History:  2001 a. 56; 2003 a. 239; 2005 a. 35.
2023 Wisconsin Statutes & Annotations › Chapter 169 - Captive wildlife. › 169.10 - Sale and purchase of live wild animals.

169.10
Sale and purchase of live wild animals.
(1)
Sale. Except as authorized under a captive wild animal farm license, a bird hunting preserve license, a wild fur farm license, or a nonprofit educational exhibiting license or under s. 29.319, no person may sell or offer to sell any of the following:
(a)
Any live native wild animal that is not exempt under s. 169.04 (4) (a).
(b)
Any live nonnative wild animal that is not exempt under s. 169.04 (4) (b).
(2)
Purchase.
(a)
Except as provided under par. (b) and except as authorized under a captive wild animal farm license, a bird hunting preserve license, a bird dog training license, a hound dog training license, a dog club training license, a bird dog trial license, a hound dog trial license, a nonprofit educational exhibiting license, or a stocking license or under s. 29.319, no person may purchase or offer to purchase any of the following:
1.
Any live native wild animal that is not exempt under s. 169.04 (4) (a).
2.
Any live nonnative wild animal that is not exempt under s. 169.04 (4) (b).
(b)
A nonresident who purchases a live wild animal is exempt from holding a license under this chapter to possess the wild animal if the nonresident possesses the wild animal in this state for not more than 10 days after the date of purchase.
(4)
Exemption for certain institutions. Each of the following is exempt from the requirements under subs. (1) and (2):
(a)
A public zoo or aquarium.
(b)
A circus or the Circus World Museum located in Baraboo, Wisconsin.
(c)
The department.
(d)
A person who is licensed under s. 95.68 or 95.69.
(5)
Inapplicability to certain wild animals.
(a)
This section does not authorize the selling or purchasing of harmful wild animals.
(b)
The selling and purchasing of native wild reptiles and native wild amphibians is subject to s. 169.12 and not to this section.
History:  2001 a. 56.
2023 Wisconsin Statutes & Annotations › Chapter 169 - Captive wildlife. › 169.11 - Harmful wild animals.

169.11
Harmful wild animals.
(1)
Designation.
(a)
The department shall designate by rule cougars, members of the family ursidae, wild swine, and feral swine as harmful wild animals. After consulting with the department of agriculture, trade and consumer protection and the department of health services, the department of natural resources may designate by rule other species of wild animals as harmful wild animals if any of the following applies:
1.
The wild animal is not a native wild animal and is capable of inflicting harm to the environment.
2.
The wild animal is capable of creating a risk to public health or to the health of domestic animals.
3.
The wild animal is capable of inflicting severe physical harm to humans or to domestic animals.
(b)
No person may possess, take, propagate, sell, purchase, transfer, exhibit, or rehabilitate a live harmful wild animal unless specifically authorized to do so by the department.
(c)
No person may introduce, stock, or release, or import into this state to introduce, stock, or release, any harmful wild animal unless specifically authorized to do so by the department under s. 169.06 (1) (c).
(3)
Exemptions.
(a)
Public zoos and aquariums are exempt from the prohibition under sub. (1) (b).
(b)
1.
Veterinarians are exempt from the prohibition under sub. (1) (b) for the purpose of providing medical treatment to harmful wild animals.
2.
For purposes of subd. 1., “medical treatment" does not include rehabilitation.
History:  2001 a. 56; 2005 a. 253; 2007 a. 20 s. 9121 (6) (a); 2007 a. 119.
2023 Wisconsin Statutes & Annotations › Chapter 169 - Captive wildlife. › 169.12 - Sale and purchase of native wild reptiles and wild amphibians.

169.12
Sale and purchase of native wild reptiles and wild amphibians.
(1)
Possession; general. No person may take from the wild or possess live native wild reptiles or live native wild amphibians unless the person is authorized to do so under rules promulgated by the department or unless sub. (3) applies.
(3)
Possession of native frogs. A person using native frogs for bait while fishing may take from the wild, possess, and kill more than 5 native frogs, but may not possess more than 5 of any subspecies of native frog for more than 24 hours.
(4)
Restrictions on sales and purchases. Unless authorized to do so under rules promulgated by the department, no person may sell or purchase live native wild reptiles or live native wild amphibians except for the following:
(a)
Color variants of these wild reptiles and wild amphibians that have been bred in captivity and have coloration that is clearly distinct from the normal morphological color patterns.
(b)
Leopard frogs, mud puppies, and tiger salamanders that are sold or purchased under the authorization of a Class A captive wild animal farm license.
(c)
Native reptiles or amphibians that are legally taken or reared outside this state and that are sold to educational institutions under the authorization of a Class A captive wild animal farm license.
(6)
Exemption for veterinarians.
(a)
Veterinarians are exempt from the requirement under sub. (1) for the purpose of providing medical treatment to native wild reptiles and native wild amphibians.
(b)
For purposes of par. (a), “medical treatment" does not include rehabilitation.
History:  2001 a. 56.
2023 Wisconsin Statutes & Annotations › Chapter 169 - Captive wildlife. › 169.14 - Carcasses of captive wild animals.

169.14
Carcasses of captive wild animals.
(1)
Restrictions on sales and purchases.
(a)
No person may sell the carcass of any captive wild animal unless the seller provides to the purchaser written proof of origin.
(b)
No person may purchase or possess the carcass of any captive wild animal unless the purchaser maintains written proof of origin during the time the purchaser possesses the carcass.
(c)
No person may sell or purchase the gallbladder of a bear that was a captive wild animal.
(d)
No person may preserve and mount a carcass of a captive wild animal for consideration unless that person holds a valid taxidermist permit issued under s. 29.506.
(2)
Tagging requirements for captive wild animal farms.
(a)
A person killing a wild animal under the authority of a captive wild animal farm license shall tag the carcass in the manner required by the department before removing the carcass from the farm. No person may remove the tag from the carcass except as provided in par. (b).
(b)
A person acquiring a carcass tagged under par. (a) that is to be consumed for food may remove the tag at the time the carcass is prepared for final consumption. The person shall keep the tag in evidence until the carcass is consumed or otherwise disposed of.
(c)
For purposes of pars. (a) and (b), for the carcasses of wild reptiles and wild amphibians, a person need not tag each carcass, but shall tag each shipment in the manner required by the department.
(3)
Inapplicability to certain carcasses.
(a)
Subsections (1) and (2) do not apply to the raw fur or dressed fur of fur-bearing wild animals that are possessed as authorized by a license issued under s. 169.18.
(c)
The selling, purchasing, or possessing of carcasses of endangered or threatened species is subject to s. 29.604 and not to this section.
History:  2001 a. 56.
2023 Wisconsin Statutes & Annotations › Chapter 169 - Captive wildlife. › 169.15 - Captive wild animal farm licenses.

169.15
Captive wild animal farm licenses.
(1)
Issuance.
(a)
The department shall issue a Class A captive wild animal farm license to operate a captive wild animal farm that grosses $10,000 or more in annual sales to any person who files a proper application for the license and who pays the applicable fee.
(b)
The department shall issue a Class B captive wild animal farm license to operate a captive wild animal farm that grosses less than $10,000 in annual sales to any person who files a proper application for the license and who pays the applicable fee.
(d)
The applicant shall specify the location of the enclosures for the wild animals on the application.
(2)
Authorization.
(a)
A captive wild animal farm license authorizes the holder of the license to possess, propagate, kill, exhibit, purchase, and sell live captive wild animals of the species specified by the department on the license.
(b)
A captive wild animal farm license authorizes the killing of captive wild animals only by the holder of the license or an employee of the holder of the license.
(3)
Calculation of annual sales.
(a)
The calculation of annual sales under sub. (1) and par. (b) shall be based on sales from the prior year that involve live captive wild animals that are any of the following:
1.
Native wild animals.
3.
Harmful wild animals.
4.
Endangered or threatened species.
(b)
For the first year that a person is issued a captive wild animal farm license, the person shall be issued a Class B captive wild animal farm license, unless one of the following applies:
1.
The person operated a game bird and animal farm licensed under s. 29.867, 1999 stats., on January 1, 2003, that grossed $10,000 or more in annual sales.
2.
The person elects to be issued a Class A captive wild animal farm license.
(4)
Control of wild animals.
(a)
A person holding a captive wild animal farm license shall control the wild animals at all times in the manner required by the department and shall keep the wild animals at the locations specified on the application for the license.
(b)
If any member of the family ursidae, felidae, or canidae escapes from its enclosure or fenced area on a captive wild animal farm, the person holding the captive wild animal farm license shall notify the department within 24 hours after the escape.
(5)
Rules. The department may promulgate rules to establish additional standards, limitations, and requirements for captive wild animal farm licenses and for captive wild animal farms, including fencing of the farms.
History:  2001 a. 56.
2023 Wisconsin Statutes & Annotations › Chapter 169 - Captive wildlife. › 169.18 - Wild fur farm license.

169.18
Wild fur farm license.
(1)
Issuance. The department shall issue a wild fur farm license to any person who files a proper application and who pays the applicable fee.
(2)
Authorization; limitations.
(a)
A wild fur farm license authorizes all of the following:
1.
The holder of the license to possess and propagate live muskrat, beaver, coyote, raccoon, otter, and mink on the land subject to the license.
2.
The holder of the license and other persons authorized by the holder to take the live fur-bearing wild animals specified in subd. 1. or kill by trapping the fur-bearing wild animals specified in subd. 1.
3.
The holder of the license to sell the live fur-bearing wild animals specified in subd. 1. to persons authorized to possess the fur-bearing wild animals.
(b)
Section 29.501 applies to the possession and selling of the raw furs and dressed furs of the fur-bearing wild animals that are possessed as authorized under a wild fur farm license.
(c)
The number of otter that are taken or killed may not exceed the quota established by rule by the department under sub. (5) (a).
(3)
Eligible land.
(a)
Except as provided in par. (b), a wild fur farm licensed under this section shall be in a single parcel and may not exceed 640 acres.
(b)
Upon the request of the applicant for a license under this section, the department shall issue a single license for a wild fur farm that does not meet all of the requirements of par. (a) if the wild fur farm is licensed as a fur animal farm under s. 29.869, 1999 stats., on January 1, 2003.
(4)
Exemption from trapping restrictions. Except as provided in sub. (2) (c), a person trapping fur-bearing wild animals on a wild fur farm is exempt from having any trapping approval issued under ch. 29 and is exempt from any closed season restrictions, bag limits, or other conditions or restrictions established by the department under s. 29.014 (1) or 29.192.
(5)
Rules.
(a)
The department shall promulgate by rule a quota for taking, or killing by trapping, otter for purposes of this section.
(b)
The department shall promulgate rules for the purpose of determining whether a piece of land qualifies as a single parcel under sub. (3).
(c)
The department may promulgate rules to establish additional standards, limitations, and requirements for wild fur farm licenses and for wild fur farms.
History:  2001 a. 56.