Wisconsin AB 163: Relating to: the authority to shoot a beaver or muskrat causing damage to a highway.

Bill Text

LRB-0511/1
EHS:skw
2021 - 2022  LEGISLATURE
2021 ASSEMBLY BILL 163
March 16, 2021 - Introduced by Representatives EDMING, SKOWRONSKI, CALLAHAN,
KNODL, KURTZ, MAGNAFICI, MOSES, MURSAU, ROZAR, TRANEL, VANDERMEER and
WICHGERS,   cosponsored   by   Senators   STAFSHOLT,   BRADLEY,   FELZKOWSKI,
MARKLEIN and STROEBEL. Referred to Committee on Transportation.
AN ACT to amend 29.885 (1) (a) and 167.31 (2) (d); and to create 167.31 (4) (fm)
of the statutes; relating to: the authority to shoot a beaver or muskrat causing
damage 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:
SECTION 1.  29.885 (1) (a) of the statutes is amended to read:
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- 2 -2021 - 2022  Legislature
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SECTION 1
 ASSEMBLY BILL 163
29.885  (1)  (a)    “Damage"  means  physical
  harm  to  forest  products;  streams;
roads; dams; buildings; orchards; apiaries; livestock; and commercial agricultural
crops, including Christmas trees and nursery stock.  “Damage” includes flooding and
culvert blockages caused by a beaver or muskrat.
SECTION 2.  167.31 (2) (d) of the statutes is amended to read:
167.31 (2) (d)  Except as provided in sub. (4) (a), (bg), (cg), (e), (fm), and (g), no
person may discharge a firearm or shoot a bolt or an arrow from a bow or crossbow
from or across a highway or within 50 feet of the center of a roadway.
SECTION 3.  167.31 (4) (fm) of the statutes is created to read:
167.31 (4) (fm)  Subsection (2) (d) does not prohibit the department of natural
resources,  acting  under  s.  29.885,  or  an  agent  of  a  city,  village,  town,  or  county
authorized by the department of natural resources under s. 29.885 from discharging
a firearm within 50 feet of the center of a roadway in order to dispose of 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.
(END)
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