WISCONSIN HERPETOLOGICAL SOCIETY

The problem with state licensure for animal collections in WI is our open records laws. Anyone holding a state license for anything can have that information released without his or her knowledge and against their will, to anyone who requests it from the state. Several years ago, an animal rights activist requested the names, addresses, and species inventories of everyone the DNR licenses to keep any animals that the DNR requires licensure for. The DNR was legally required to release the information. Following that, there were several incidents of fur and game farms, and research facilities being vandalized and animals released into the environment to starve, succumb to predation, and get hit by cars. The perpetrators were never identified, apprehended, or charged. In addition, herpetoculturists and aviculturists have long been aware that there is a specialized brand of thieves that steal collections of expensive small animals such as high-end birds, reptiles, and small exotic mammals. Kennels of toy-breed dogs have also been hit. This type of fauna is easy to steal, and easy to conceal, and so are rarely recovered, even if tattooed or microchipped. In recent years at least 10 private reptile and avian collections have been stolen in the midwest area and there have been many more cases nationally. Alan Green, in his book, Animal Underworld, describes in detail how these theft rings operate. If anyone can find out about your collection, the information circulates, and you could be victimized. Submitting to licensure can make you a target of these animal rights fanatics, or thieves. In a previous legislative session, bills were passed that exempted legislators and state employees from having their personal information released on open records requests. In my opinion, these public servants are the new incarnation of organized crime. They place themselves above us by giving themselves more rights than those whose taxes are confiscated to pay their exorbitant salaries, and then throw us to the wolves. This is nothing less than reckless endangerment of the citizenry by a fascist, malignant, out of control bureaucracy. Look at the continuous ongoing corruption scandals in both state and national government. These people are criminals and should be behind bars. They have no moral authority to invade your privacy or demand that pet breeders submit to intrusive licensure requirements. If we dont fight this, we will get exactly what we deserve. This is nothing more than a thinly-disguised job security bill for DATCP. Licensing everyone means two-hundred dollars per year from each of the estimated ~1500 potential licensees = $300,000 per year additional revenues for the agency, which translates into about six new $50,000/year jobs. This also means a promotion for Ms. Bellay, since she will be the supervisor of these new hires. These additional responsibilities will mean a substantial salary increase for Ms. Bellay. Can you spell
C-O-N-F-L-I-C-T--0-F--I-N-T-E-R-E-S-T ?

Some animal breeders have expressed mixed feelings about these bills. They say that after several unseemly puppy mill incidents that have been publicized, they feel more legislation may be needed to protect animals from neglectful owners. Anyone who feels this way should review the many current state and federal laws on animal welfare. The Animal Welfare Act, enforced by USDA, already requires all commercial breeders (of species covered by the AWA, including cats and dogs) that sell to pet stores to be USDA licensed and conform to their animal care standards. The puppy mills that received the recent publicity were not USDA licensed. USDA was not aware of their existence until it was reported to them. Once they were aware of these operations, they shut them down and prosecuted the owners in court, resulting in four-to five-figure fines, jail sentences, and court orders to abstain from owning animals. What more needs to be done? Why isn't that good enough? WI animal neglect/cruelty statutes (DATCP Chapter 951) provide criminal and civil penalties for cruelty and neglect of all mammals, birds, reptiles and amphibians. The same legal mechanism that prosecutes crimes against persons and property is in force and the same rules of probable cause for warrant issuance apply. Animal control and humane officers that enforce and investigate violations have similar legal authority as a police officer, and have the authority to enlist police officers to assist in entering premises and taking violators into custody for prosecution. As with gun laws, more animal laws and licensing are unnecessary. Enforcement of existing laws are all that is needed. Intrusive licensure requirements will only penalize law-abiding hobbyists and create larger bureaucracies and increased tax burdens on state citizens. Why would anyone think that puppy mills that refuse to get the required USDA licenses would apply for state licenses? Have you heard of many criminals that apply for gun licenses or obey gun laws? Most of us are in this as a hobby, and not as a business. How much fun will your hobby be if law enforcement gestapo thugs can enter your home against your will, invade your privacy, confiscate your private property without due process, and subject you to criminal charges, prosecution, and legal penalties (fines and incarceration)? Welcome to 1984 ! The English Language is a versatile and precise instrument. No one sympathizes with pet stores and puppy mills that abuse and neglect animals, but it is possible to draft a law that addresses actual pet store and puppy mill commercial animal abuse without jeopardizing the lives and property of private citizens that are not contributing to the problems that DATCP claims needs to be resolved. We must participate in this process to protect our interests.

In legislation, nothing is ever as simple as it seems or is stated. Some have said that they dont mind being licensed if it results in cleaning up the bad actors. You are a hobbyist, you say? Not really doing much commercial activity? Guess again! By definition, you will be defined as a commercial entity by either DATCP, DNR, or USDA licensure. That means you will have to prove to the licensing agency that your activity is legal in the municipality that your premises are located in, or the license will not be granted. So you breed and sell a few cats, lizards or birds in your home. Is your home in an area zoned commercial? If it is in an area zoned residential, a license wont be issued and your municipality will issue you an order to cease all commercial activity or move. Continued in Part III