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.
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.
29.875(1r)
(1r) The department may seize and dispose of or may authorize the disposal of any deer that has escaped from land owned by a person registered under
s. 95.55 or by a person who is subject to
s. 169.04 (5m) if the escaped deer has traveled more than 3 miles from the land or if the licensee or person has not had the deer returned to the land within 24 hours of the discovery of the escape.
29.875(2)
(2) Notwithstanding
sub. (1r), the department may dispose of the deer immediately if the department of agriculture, trade and consumer protection determines that the deer poses a risk to public safety or to the health of other domestic or wild animals.
29.875 History
History: 1991 a. 269;
1995 a. 79;
1997 a. 248 s.
631; Stats. 1997 s. 29.875;
2001 a. 56,
109;
2003 a. 179.
WILDLIFE DAMAGE
Subch. XII of ch. 29 Cross-reference
Cross Reference: See also s.
NR 19.01, Wis. adm. code.
29.885
29.885
Removal of wild animals. 29.885(1)(a)
(a) "Damage" means harm to forest products; streams; roads; dams; buildings; orchards; apiaries; livestock; and commercial agricultural crops, including Christmas trees and nursery stock.
29.885(1)(c)
(c) "Private property holder" means an owner, lessee or occupant of private property.
29.885(1)(d)
(d) "Removal activity" means removing or authorizing the removal of a wild animal that is causing damage or that is causing a nuisance or the removal of a structure of a wild animal that is causing damage or that is causing a nuisance.
29.885(1)(e)
(e) "Remove" means capture, shoot, set a trap for, relocate, or otherwise destroy or dispose of.
29.885(1)(f)
(f) Notwithstanding
s. 29.001 (90), "wild animal" means any undomesticated mammal or bird, but does not include farm-raised deer, farm-raised game birds, or wild animals that are subject to regulation under
ch. 169.
29.885(2)
(2) Department authority. The department may remove or authorize the removal of all of the following:
29.885(2)(a)
(a) A wild animal that is causing damage or that is causing a nuisance.
29.885(2)(b)
(b) A structure of a wild animal that is causing damage or that is causing a nuisance.
29.885(3)(a)(a) Within 48 hours after receipt of a written complaint from a person who owns, leases or occupies property on which a wild animal or a structure of a wild animal is allegedly causing damage, the department shall both investigate the complaint and determine whether or not to authorize removal.
29.885(3)(b)
(b) The department may remove or authorize removal of the wild animal or the structure of the wild animal if it finds that the wild animal or the structure is causing damage on the property.
29.885(3)(c)
(c) A person who owns, leases or occupies property outside an incorporated municipality on which a wild animal or a structure of a wild animal is allegedly causing damage and who has made a complaint under
par. (a), may remove the wild animal or the structure at any time from one hour before sunrise until one hour after sunset if all of the following conditions apply:
29.885(3)(c)1.
1. The department has failed, within 48 hours after the receipt of the complaint, to investigate the complaint and to determine whether or not to authorize removal.
29.885(3)(d)
(d) A person who owns, leases or occupies property located within an incorporated municipality on which a wild animal or the structure of a wild animal is allegedly causing damage may capture and relocate the wild animal or may relocate its structure if the person has made a complaint under
par. (a) and all the conditions under
par. (c) 1. to
3. apply.
29.885(4)(a)(a) Upon the receipt of a complaint from a person who owns, leases or occupies property on which a wild animal or a structure is allegedly causing a nuisance, the department may investigate the complaint.
29.885(4)(b)
(b) The department may remove or authorize the removal of the wild animal or the structure of a wild animal if it finds that the wild animal or the structure is causing a nuisance on the property.
29.885(4m)
(4m) Hunting allowed. If the department removes or authorizes the removal of a wild animal or the structure of a wild animal under
sub. (3) (b), the person who owns, leases or occupies the property on which the damage occurred shall open the property to others for hunting and trapping for one year beginning on the date on which the removal activity started unless hunting is prohibited under this chapter or under any municipal ordinance.
29.885(5)(a)(a) The department may refuse to investigate under
sub. (3) (a) if the person making the complaint refuses to participate in any available wildlife damage abatement program administered under
s. 29.889 or refuses to follow reasonable abatement measures recommended by the department or by the county in which the property is located if the county participates in a wildlife damage abatement program.
29.885(5)(b)
(b) Before taking action under
sub. (3) (b) or
(4), the department may require the person making the complaint to participate in any available wildlife damage abatement program administered under
s. 29.889 or to follow reasonable abatement measures recommended by the department.
29.885(6)
(6) Owner liability for beaver damage. A person who owns, leases or occupies property on which a beaver or a beaver structure is causing damage and who fails or refuses to give consent to the department to remove the beaver or the structure is liable for any damage caused by the beaver or the structure to public property or the property of others.
29.885(7)
(7) No duty; immunity from liability. 29.885(7)(a)(a) Except as provided in
par. (d), no private property holder and no officer, employee or agent of a property holder owes any of the following duties to any person who enters the private property holder's property solely to engage in a removal activity:
29.885(7)(a)1.
1. A duty to keep the property safe for removal activities.
29.885(7)(a)3.
3. A duty to give warning of an unsafe condition, use or activity on the property.
29.885(7)(b)
(b) Except as provided in
par. (d), no private property holder and no officer, employee or agent of a private property holder is liable for any of the following injuries that occur on the private property holder's property:
29.885(7)(b)1.
1. An injury to a person engaging in a removal activity.
29.885(7)(b)2.
2. An injury caused by a person engaging in a removal activity.
29.885(7)(c)
(c) Except as provided in
par. (d), nothing in this subsection,
s. 101.11 or in the common law attractive nuisance doctrine creates any duty of care or ground of liability toward any person who uses private property holder's property for a removal activity.
29.885(7)(d)
(d) Paragraphs (a) to
(c) do not apply if any of the following conditions exist:
29.885(7)(d)1.
1. An injury is caused by the malicious failure of the private property holder or an officer, employee or agent of the private property holder to warn against an unsafe condition on the property, of which the private property holder has knowledge.
29.885(7)(d)2.
2. An injury is caused by a malicious act of a private property holder or of an officer, employee or agent of a private property holder.
29.885(7)(d)3.
3. An injury is sustained by an employee of a private property holder acting within the scope of his or her duties.
29.885 Cross-reference
Cross Reference: See also ch.
NR 12 and ss.
NR 19.03, and
19.75, Wis. adm. code.
29.887
29.887
Wildlife control in urban communities. 29.887(1)
(1) The department shall establish a program to award matching grants to urban communities for up to 50% of the costs for projects to plan wildlife abatement measures or to engage in wildlife control efforts or both.
29.887(2)
(2) A grant awarded under this section may not exceed $5,000.
29.887(3)
(3) The department shall promulgate rules establishing criteria for awarding grants under this section.
29.887 History
History: 1997 a. 27;
1997 a. 248 s.
643; Stats. 1997 s. 29.887.
29.887 Cross-reference
Cross Reference: See also ch.
NR 12 and s.
NR 19.75, Wis. adm. code.
29.889
29.889
Wildlife damage abatement program; wildlife damage claim program. 29.889(1)
(1)
Definition. In this section, "wildlife damage" means damage caused by any of the following wild animals that are not subject to regulation under
ch. 169:
29.889(1)(e)
(e) Sandhill crane if hunting of sandhill cranes is authorized by the department.
29.889(1)(f)
(f) Elk, if the department has promulgated a rule that establishes a season for hunting elk.
29.889(2)(a)(a)
Assistance. The department shall assist counties in developing and administering the wildlife damage abatement and wildlife damage claim programs. The department shall provide this assistance through technical aid, program guidance, research, demonstration, funding, plan review, audit and evaluation services.
29.889(2)(b)
(b)
Eligibility and funding requirements; rules. The department shall promulgate rules for eligibility and funding requirements for the wildlife damage abatement program and the wildlife damage claim program in order to maximize the cost-effectiveness of these programs. The department shall also promulgate rules to establish all of the following:
29.889(2)(b)1.
1. Authorized wildlife damage abatement measures and methods for implementing and paying for these abatement measures.
29.889(2)(b)2.
2. Forms and procedures for payment and processing of statement of claims and applications for abatement assistance.
29.889(2)(b)3.
3. Procedures and standards for determining the amount of wildlife damage.
29.889(2)(b)4.
4. A methodology for proration of wildlife damage claim payments.
29.889(2)(b)5.
5. Procedures for record keeping, audits and inspections.
29.889(2)(c)
(c)
Review of county administration plans. The department shall provide guidelines to counties applying for participation in the wildlife damage abatement and wildlife damage claim programs. The department shall review each plan of administration submitted under
sub. (3) (c) and shall approve the plan if it is in substantial compliance with
sub. (3) (c) and the rules promulgated by the department under this section.
29.889(2)(d)
(d)
Administrative funds. The department shall provide funding to each county participating in the wildlife damage abatement program, wildlife damage claim program or both for costs incurred in administering these programs. The amount of funding to be allocated for each county shall be based on the estimate of anticipated administrative costs prepared under
sub. (3) (c) 8. but the department shall determine payments based on the actual administrative costs incurred. If actual costs exceed the estimate, the department may allocate additional funding based on criteria and using procedures established by rule.
29.889(3)(a)(a)
County participation required. Eligibility for the wildlife damage abatement program or the wildlife damage claim program requires participation of the county in the administration of these programs as specified under
sub. (4) (a) and
(6) (a). The department may not administer a wildlife damage abatement program or wildlife damage claim program on behalf of or instead of a county.
