29.709(1) (1) Breed and propagate fish of such species and varieties as it determines to be of value.
29.709(2) (2) Distribute information regarding the propagation and conservation of fish.
29.709(3) (3) Manage the state fish hatcheries and all other property held by the state for the propagation of fish.
29.709(4) (4) Subject to s. 95.60, receive from any person all fish eggs or fish donated to the state or purchased, and procure, receive, exchange, distribute and dispose of fish eggs and fish.
29.709 History History: 1997 a. 248 ss. 558, 559, 561.
29.713 29.713 Trespass to state fish hatchery. Whoever does any of the following without proper authority shall be subject to the penalties under s. 29.971 (1):
29.713(1) (1) Enters upon the grounds of a state fish hatchery for the purpose of killing or taking fish.
29.713(2) (2) Kills or takes fish from any waters or grounds of a state fish hatchery.
29.713(3) (3) Injures any fish, or interferes harmfully with the ponds, streams, troughs or other property of a state fish hatchery.
29.713 History History: 1975 c. 365; 1985 a. 29; 1997 a. 248 s. 580; Stats. 1997 s. 29.713.
29.717 29.717 Trespass on riparian land. In an action against a person for damages sustained from trespassing on lands bordering streams stocked by the consent of the owner of the lands, with fish received from a state hatchery, where the damage exceeds $2, the trespasser is liable for double the amount of the damage and all of the taxable costs; and where the damage is $2 or less the trespasser shall be liable for the amount of the damage and costs not to exceed the amount of the damage.
29.717 History History: 1997 a. 248 s. 682; Stats. 1997 s. 29.717.
29.733 29.733 Natural waters used in fish farms.
29.733(1) (1) No person may use a natural body of water as a fish farm or as part of a fish farm unless all of the following apply:
29.733(1)(a) (a) The land that is riparian to the body of water is owned, leased or controlled by the owners of the fish farm.
29.733(1)(b) (b) None of the owners of the fish farm or of the riparian land provides access to the body of water to the public by means of an easement or other right-of-way or by means of a business open to the public, except that the owners of the fish farm may allow fishing by the public for a fee.
29.733(1)(c) (c) The body of water is one of the following:
29.733(1)(c)1. 1. A freeze-out pond.
29.733(1)(c)2. 2. A preexisting fish rearing facility.
29.733(1)(d) (d) A permit for the body of water has been issued under sub. (2).
29.733(2) (2)
29.733(2)(a)(a) The department, subject to s. 29.024 (2g) and (2r), shall issue a permit under this subsection for a natural body of water specified under sub. (1) (c) 1. if the department determines that no substantial public interest exists in the body of water and that no public or private rights in the body of water will be damaged.
29.733(2)(b) (b) Notwithstanding par. (a), for a freeze-out pond that is licensed as a private fish hatchery, or as part of a private fish hatchery, under s. 29.52, 1995 stats., on January 1, 1998, or for a natural body of water as described under sub. (1) (c) 2., the department shall issue an initial permit without making the determination under par. (a).
29.733(2)(c)1.1. The department, subject to s. 29.024 (2g) and (2r), shall renew a permit issued under this subsection unless the department determines that there has been a substantial change in circumstances that is related to a determination made under par. (a) for the natural body of water or that is related to the application of the criteria promulgated under par. (f) to the body of water.
29.733(2)(c)2. 2. A person may apply for a renewal of a permit issued under this subsection within the 16 months before the permit expires.
29.733(2)(c)3. 3. Except as provided in subd. 4., the department shall renew the permit, or deny the renewal, within 3 months after the date on which the department receives the application for the renewal.
29.733(2)(c)4. 4. The department may delay the renewal or denial of the renewal under subd. 3. until the May 31 immediately following the date on which the department receives the renewal application if ice conditions prevent the department from inspecting the body of water for purposes of renewal within a reasonable time after receiving the application.
29.733(2)(d) (d) If the department denies a permit under par. (a), (b) or (c), the department shall issue written findings supporting the reason for the denial that are based on the criteria promulgated under par. (f).
29.733(2)(e) (e) The department may suspend a permit for a body of water specified in sub. (1) (c) 2. for 90 days if the department finds that the permit holder has failed to adequately maintain the fish barriers and may revoke the permit if the department determines that the failure to adequately maintain the barriers has not been corrected within the 90-day period.
29.733(2)(f) (f) The department shall promulgate rules to establish the fees, criteria and procedures to be used in issuing permits under this subsection.
29.733 History History: 1997 a. 27, 191, 237; 1997 a. 248 s. 581; Stats; 1997 s. 29.733; 1999 a. 32.
29.733 Cross-reference Cross Reference: See also ss. NR 19.01, 19.90, 19.91, 19.92, 19.93, 19.94, and 19.95, Wis. adm. code.
29.734 29.734 Barriers required for fish farms. No person may use any body of water as a fish farm or as part of a fish farm unless the body of water is equipped with barriers that prevent the passage of fish between it and the other waters of the state.
29.734 History History: 1997 a. 237; 1999 a. 32 s. 65; Stats. 1997 s. 29.734.
29.735 29.735 Importation of fish.
29.735(1) (1) No person may bring into this state any fish, or fish eggs, of a species that is not native to this state for the purpose of introduction into the waters of the state, as defined in s. 281.01 (18), of use as bait or of rearing in a fish farm without having a permit issued by the department.
29.735(2) (2) A person applying for a permit under this section shall submit a written application to the department.
29.735(3) (3)Subsections (1) and (2) do not apply to the importation of fish by the department.
29.735(4) (4) For the purpose of issuing permits under this section, the department may not require that any testing, inspection or investigation be performed concerning the health of the fish.
29.735 History History: 1997 a. 27; 1997 a. 248 s. 582; Stats. 1997 s. 29.735.
29.735 Cross-reference Cross Reference: See also s. NR 19.05, Wis. adm. code.
29.736 29.736 Stocking of fish.
29.736(1)(1) In this section:
29.736(1)(a) (a) "Fish" includes fish eggs.
29.736(1)(b) (b) "Qualified inspector" means a veterinarian licensed under ch. 453 or a person who is qualified to provide evidence of fish health under s. 95.60 (4s) (c).
29.736(1)(c) (c) "Waters of the state" does not include preexisting fish rearing facilities that are artificial bodies of water or self-contained fish rearing facilities.
29.736(2) (2)
29.736(2)(a)(a) No person may introduce, stock or plant any fish in the waters of the state unless all of the following apply:
29.736(2)(a)1. 1. The person has a permit issued by the department.
29.736(2)(a)2. 2. The fish have been certified by a qualified inspector to meet the fish health standards and requirements promulgated under s. 95.60 (4s) (b).
29.736(2)(a)3. 3. The fish is not a species of lake sturgeon.
29.736(2)(b) (b) A person applying for a permit under this section shall submit a written application to the department.
29.736(2)(c) (c) This subsection does not apply to introduction, stocking or planting of fish by the department.
29.736(3) (3)
29.736(3)(a)(a) The department may not introduce, stock or plant any fish in the waters of the state unless the fish have been certified by a qualified inspector to meet the fish health standards and requirements promulgated under s. 95.60 (4s) (b).
29.736(4) (4) For the purposes of issuing permits under this section and for introducing, stocking or planting of fish by the department, the department:
29.736(4)(a) (a) Shall accept the certification by a qualified inspector that the fish meet the fish health standards and requirements promulgated under s. 95.60 (4s) (b) and may not require that any additional testing, inspection or investigation be performed concerning the health of the fish.
29.736(4)(b) (b) May regulate the species of fish, the number of fish and the sites where the fish will be introduced, planted or stocked.
29.736(5) (5) The requirement of being issued a permit under this section does not apply to civic organizations, organizations operating newspapers or television stations or promoters of sport shows when and in connection with publicly showing or exhibiting, giving demonstrations with or providing fishing of fish for periods of not to exceed 10 days if the fish are placed in a tank or an artificially constructed pond that is a self-contained body of water. Fish used for these purposes shall have been certified by a qualified inspector to meet the fish health standards and requirements promulgated under s. 95.60 (4s) (b).
29.736 History History: 1997 a. 27, 237; 1997 a. 248 ss. 583, 584; Stats. 1997 s. 29.736; 2003 a. 136.
29.736 Cross-reference Cross Reference: See also s. NR 19.05, Wis. adm. code.
29.737 29.737 Permit for private management.
29.737(1) (1) Any person or persons owning all of the land bordering a navigable lake that is completely landlocked may apply to the department for a permit to remove, destroy or introduce fish in the lake.
29.737(2) (2) The department shall hold a public hearing on the permit application in the vicinity of the lake, and if the department determines that the hearing is favorable the department may issue a permit authorizing the applicant to remove, destroy or introduce fish in the lake.
29.737(3) (3) The department shall impose appropriate terms, conditions and limitations on the permit. All work done under the permit shall be under the supervision of employees or agents of the department, who shall have free access to the lake at all times for that purpose. The permittee shall pay the expenses of the supervision.
29.737(4) (4) All fish removed from the lake under a permit shall be disposed of as directed by the department.
29.737(5) (5) A person who is using a navigable lake that is a freeze-out pond as a fish farm, or as part of a fish farm, is exempt from obtaining a permit under this section.
29.737 History History: 1997 a. 27; 1997 a. 248 ss. 576 to 578; Stats. 1997 s. 29.737.
29.738 29.738 Private fishing preserves.
29.738(1) (1) A single person may register with the department a natural, navigable, self-contained body of water as a private fishing preserve if all of the following apply:
29.738(1)(a) (a) All of the use and occupancy rights in the land that is riparian to the body of water are owned or leased by the registrant.
29.738(1)(b) (b) The registrant and any owner of the riparian land do not provide access to the body of water to the public by means of an easement or other right-of-way or by means of a business open to the public.
29.738(1)(c) (c) The registrant held a private fish hatchery license under s. 29.52, 1995 stats., on December 31, 1997, that applied to the body of water being registered as a private fishing preserve.
29.738(2) (2) No lake association, corporation or other association that is formed to establish a private fishing preserve is eligible to register under this section.
29.738(3) (3) A registration under this section is valid for one year.
29.738(4) (4) A person who is fishing in a private fishing preserve is exempt from having any sport fishing approval issued under this chapter. No person may sell or trade fish that are caught in a private fishing preserve. No person may charge a fee for fishing in a private fishing preserve or a fee for an activity that includes the privilege of fishing in a private fishing preserve.
29.738 History History: 1997 a. 27, 237; 1997 a. 248 s. 579; Stats. 1997 s. 29.738.
29.741 29.741 Food in the wild for game birds. No person may, from the public waters of this state, take, remove, sell, or transport any duck potato, wild celery, or any other plant or plant product except wild rice, that is native to these waters and that is commonly known to furnish food for game birds.
29.741 History History: 1989 a. 359; 1997 a. 248 s. 593; Stats. 1997 s. 29.741; 2001 a. 16, 56.
29.749 29.749 Horicon marsh fur farm and dam.
29.749(1) (1) The department shall establish a fur farm on the Horicon marsh in Dodge County under the supervision of the department.
29.749(2) (2) The department may maintain a dam in or near the city of Horicon, to control and regulate the flood waters on the Rock River, and to restore the Rock River on Horicon marsh to the natural levels existing prior to drainage of the marsh.
29.749 History History: 1997 a. 248 ss. 609 to 612; Stats. 1997 s. 29.749.
subch. XI of ch. 29 SUBCHAPTER XI
CAPTIVE ANIMALS
Subch. XI of ch. 29 Cross-reference Cross Reference: See also s. NR 19.01, Wis. adm. code.
29.875 29.875 Disposal of escaped deer or elk.
29.875(1g) (1g) In this section, "deer" means any species of deer.
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This is an archival version of the Wis. Stats. database for 2003. See Are the Statutes on this Website Official?