Wisconsin Canned Hunt Statutes and Regulations

Partial Ban: Farm-raised deer permitted. 

Statute

Wisconsin statutes require that a license be obtained for the establishment and operation of a "game farm" or "animal farm," W.S.A. §29.863 and §29.867(2m), "for the purpose of breeding, propagating, killing and selling game birds and game animals." Id. at §§29.867(1).

The establishment of such facilities can only be on lands owned or leased by the license applicant, id., and upon payment of the license fee, "the licensee shall become the owner of all game birds or animals of the species licensed and of all their offspring actually produced and remaining on the licensed premises." Id. At §29.867(3).

While the statutes do not clearly authorize a game or animal farm licensee to stock native or exotic wildlife for the purpose of shooting or hunting, a permit is required to import and/or introduce or stock any wild animal other than fish or their eggs. Id. at §29.745(1)(a)(1-2).

Wisconsin Crimes Against Animals law specifies that "no person may instigate, promote, aid or abet as a principal, agent, employees, participant, or spectator, or participate in the earnings from, or intentionally maintain or allow any place to be used for the shooting, killing, or wounding with a firearm or any deadly weapon, any animal that is tied, staked out, caged or otherwise intentionally confined in a man-made enclosure, regardless of size." Id. at §951.09.

Nothing in this section, however, prohibits the shooting of any wild game in its wild state or the shooting of game birds and waterfowl at licensed game farms or licensed shooting preserves. Ld. Additionally, farm-raised deer are exempt. Id.

"Farm-raised deer" means a cervid that is kept in captivity or a cervid that is present in the wild and that has an ear tag or other mark identifying it as being raised on a farm. §95.001(1).

Under current law, the Department of Agriculture, Trade and Consumer Protection (DATCP) administers the laws that regulate farm-raised deer of any species and that require the registration of owners of farmed-raised deer. The registration fee these persons is set at $50 for no greater than 15 farm-raised deer and is increased to $100 for any greater amount. §95.55(3)  

This authorization allows for the possession, propagation, purchase, sale, killing, hunt or offering to sell the opportunity to hunt farm−raised deer. §95.55(a)(b).

Under current law, an owner of a deer farm may not charge a fee for hunting deer unless the deer are confined in a contiguous area of 80 acres or more. Minimum acreage exemptions exist if the license was in effect on December 31, 2002 or were in compliance with the department beginning on January 1, 2003, and have been registered continuously since that date. Moreover, a person hunting farm-raised deer is exempt from any closed season restrictions or bag limits established by the department of natural resources. §90.21(5)

A captive wild animal farm license authorizes the holder to possess, propagate, kill, exhibit, purchase and sell live captive wild animals of the species specified by the department on the license. Captive wild animals can only be killed by the holder of the license or an employee of the holder of the license. The licensee may only sell live animals of the species listed on the license to persons authorized to possess these species. The term "captive" is defined as "restrained by a cage, pen, fence, or other enclosure" or "held in a controlled environment that is designed to prevent the departure from the controlled environment." 169.01(2)(b)(d). 

All captive wild animal farm license holders must keep a record by date of all captive wild animals purchased or obtained, sold, shipped or otherwise transferred, escaped, died or killed, and animals born. These records shall include the date of activity, number of animals and species. These records are to be held on the captive wild animal farm and made available for inspection by DNR personnel upon request and for 3 years after the license expires.

All enclosed hunting areas must comply with specified fencing requirements. §90.20 and §90.21.

Regulation

According to a state wildlife official, DNR wardens hold the authority to enforce bans hunting wild animals in enclosures. Penalties can include forfeitures and the loss of state game farm licenses.  

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