Enter any place, building or structure, excluding a dwelling place, in which clams or clamming equipment are stored, processed, packed or held and enter any boat or vehicle being used to transport clams or clamming equipment when the licensee or agent in charge is present or upon 8 hours' notice at other times.
Inspect places, buildings, structures, boats or vehicles, all pertinent equipment used or stored in the places to be inspected and any clams stored, processed, packed or held in the places to be inspected.
No licensee, operator of a vehicle or boat for the licensee, or employee acting on behalf of the licensee may prohibit entry or prohibit an inspection from being conducted as authorized under par. (a)
The department may examine any records relating to clamming or to commercial clamming.
The department may not conduct an inspection or examine a person's records under this section if such action has been lawfully enjoined by a court order.
(7) Possession, transportation and sale.
No person may possess or transport more than 50 pounds of clams or sell or barter any clams unless at least one of the following applies:
The person has been issued a commercial clam sheller, clam helper, clam buyer or assistant clam buyer license by the department or the person is exempt under sub. (3) (a) 3.
, and the clams are of a species open to commercial clam shelling and are of the minimum size or larger for commercial clam shelling.
The person demonstrates that the clams are being transported through the state in interstate commerce by a reasonably direct route.
The department may promulgate rules governing clamming and the clamming practices of commercial clam shellers, clam helpers, clam buyers and assistant clam buyers and other related matters, including but not limited to all of the following:
Open and closed seasons and size and possession limits for different clam species.
The methods of clamming and commercial clam shelling.
Waters and portions of waters open and closed to clamming or commercial clam shelling.
Transportation, possession, purchase, sale and barter of clams.
Issuance and duration of permits for commercial clam shellers who are exempt under sub. (3) (a) 3.
from the license requirement.
Harvest limits, allocating the harvest limits among the commercial clam shellers and criteria for allocation.
Upon request in writing by a person who is required by department rule to keep a record or submit a report, the department shall keep confidential any information on the record or report relating to the value or weight of clams bought, sold or bartered by the person or relating to the specific location where the clams were taken, killed, collected or removed, except that the information may be disclosed in statistical summaries or reports which do not identify the person by name or license number and in any enforcement action under s. 29.971 (1m)
History: 1985 a. 289
; 1987 a. 399
; 1989 a. 336
; 1993 a. 213
; 1997 a. 248
; Stats. 1997 s. 29.537.
All illegal clamming violations are punishable by forfeiture under s. 29.99 (1m) (a) [now 29.971 (11m) (a)] except violations of the possession provisions of this section. State v. Ahrling, 191 Wis. 2d 398
, 528 N.W.2d 431
Sale of game or fish. 29.539(1)(a)(a)
Except as otherwise expressly provided under this chapter, no person may sell, buy, barter or trade, or offer to sell, buy, barter or trade or have in possession or under control for the purpose of sale, barter or trade any of the following:
Deer, bear, squirrel, game bird, game fish or the carcass of any of these wild animals at any time.
Any other wild animal or its carcass during the closed season for that wild animal.
This subsection applies whether the wild animals listed under par. (a)
were lawfully or unlawfully taken within or without the state.
(1m) Subsection (1)
does not apply to farm-raised deer or farm-raised fish.
No fish taken by hook and line from outlying waters, except rough fish, may be sold, bartered or traded in any manner.
The eggs from trout and salmon that are not farm-raised fish and that are lawfully taken and possessed under this chapter are exempted from this section if removed from the fish. The whole fish shall be taken to the buyer of the eggs and the eggs removed in the presence of the buyer. The fish carcass shall be legally disposed of.
The tails and skin of any squirrel lawfully killed, when severed from the rest of the carcass are exempted from this section.
The hide of any bear which is lawfully killed is exempt from sub. (1)
if the hide includes the claws, head and teeth of the bear.
No person may sell, buy, barter or trade or offer to sell, buy, barter or trade or possess or control for the purpose of sale or barter any bear claws or bear teeth which are not part of a bear hide.
The sale of a species of fish specified under s. 29.506 (7m) (b)
or of the carcass of any of these fish is exempt under this section if the sale is authorized by a permit issued under s. 29.506 (7m)
Serving of game to guests. 29.541(1)(a)(a)
No innkeeper, manager or steward of any restaurant, club, hotel, boarding house, tavern, logging camp or mining camp may sell, barter, serve or give, or cause to be sold, bartered, served or given, to its guests or boarders any of the following:
The meat of any deer, bear, squirrel, game bird or game fish taken from inland waters at any time.
The meat of any wild animal not listed in subd. 1.
, during the closed season for the wild animal, whether the meat is of a wild animal lawfully or unlawfully taken within or without the state.
The department may issue permits authorizing the serving of lawfully taken and possessed wild animals at any time.
(2) Free lunch.
The giving, offering, or affording opportunity to take free lunch in any of the places named in sub. (1)
is embraced within the prohibitions of sub. (1)
This section does not apply to the meat from farm-raised deer or from farm-raised fish.
History: 1975 c. 360
; 1991 a. 269
; 1995 a. 79
; 1997 a. 27
; 1997 a. 248
; Stats. 1997 s. 29.541.
APPROVAL FEES AND EFFECTIVE PERIODS
Except as provided in sub. (3)
, if the department issues any of the following approvals, a nonrefundable processing fee, in addition to any other fee imposed under s. 29.563
, shall be collected for each approval:
If a person applies jointly for a hunter's choice deer hunting permit and a bonus deer hunting permit, the person shall pay a single processing fee. A person who applies for a bonus deer hunting permit is exempt from paying an additional processing fee if the person has already applied for a hunter's choice deer hunting permit for the same season. If the department authorizes the issuing of more than one bonus deer hunting permit to a person in a single season under s. 29.181 (2)
, the person is exempt from paying an additional processing fee for an application for the 2nd or subsequent bonus deer hunting permit.
The department may waive the processing fee for the approvals specified in sub. (1) (a)
for persons who apply for or are holders of resident conservation patron licenses and nonresident conservation patron licenses.
History: 1997 a. 248
"In-person credit transaction costs" means the costs associated with issuing approvals that are applied for and issued in person and that are paid for by using a credit card.
"Long-distance handling costs" means the costs associated with paying for approvals that are requested by mail, telephone or electronic means and includes credit transaction fees, mailing costs and personnel costs that are necessary to process a credit transaction.
In addition to any other fee imposed under s. 29.563
, the department may collect a handling fee to cover long-distance handling costs and in-person credit transaction costs incurred in issuing approvals.
If the department collects a handling fee under sub. (1m)
, it shall promulgate rules to do all of the following:
The department may collect long-distance handling costs and in-person credit transaction costs for the approvals that the department itself issues.
The department may allow a person with whom it has contracted under s. 29.024 (6) (a) 4.
to collect handling fees that cover long-distance handling costs. The department may allow the person to retain all or a portion of each handling fee.
The department may allow an agent who is appointed under s. 29.024 (6) (a) 2.
to collect handling fees that cover in-person credit transaction costs. The department may allow the agent to retain all or a portion of each handling fee.
A handling fee may not be more than the amounts necessary to cover the long-distance handling costs or the in-person credit transaction costs of issuing the approvals.
Any fees collected under this section by the department shall be credited to the appropriation account under s. 20.370 (9) (hu)
History: 1997 a. 248
; 1999 a. 9
Collection of issuing fee.
Any person, including the department, who issues any license or stamp under this chapter shall collect, in addition to the statutory license or stamp fee, an issuing fee for each license and each stamp the person issued. A person appointed under s. 29.024 (6) (a) 2.
may retain 50 cents of each issuing fee for each license and 15 cents for each issuing fee of each stamp to compensate for services in issuing the license or stamp.
(1m) Collection of issuing fee for certain approval applications.
A person authorized to distribute an application under s. 29.553
shall collect, in addition to the processing fee, an issuing fee for each application.
(1r) Collection of issuing fee for bonus deer hunting permits. 29.559(1r)(a)(a)
Any person, including the department, who issues a bonus deer hunting permit shall collect, in addition to the statutory permit fee, an issuing fee for each permit. A person appointed under s. 29.024 (6) (a) 2.
may retain 50 cents of each issuing fee for each permit to compensate for services in issuing the permit.
The issuing fees received by the department for bonus deer hunting permits under this section shall be credited to the appropriation account under s. 20.370 (5) (fq)
(2) Department employees.
An issuing fee collected by any employee of the department shall be remitted to the department together with the statutory approval fee.
History: 1997 a. 248
; 1999 a. 9
Back tag number reservation fee. 29.561(1)
Collection of fee.
The department shall establish a system under which the department shall reserve a deer hunting back tag number for a person who pays a reservation fee. The department may limit the number of back tag numbers that may be reserved under this system. Upon payment of the fee each year, the department shall issue the same back tag number to that person. Any person, including the department, who reserves a back tag number shall collect, in addition to each reservation fee, an issuing fee of 50 cents.
(2) Handling and retention of fees.
An issuing fee collected by any employee of the department under this section shall be remitted to the department. An issuing fee collected by a person appointed under s. 29.024 (6) (am) 2.
may retain the issuing fee to compensate for services in making the reservation.
History: 1999 a. 9