29.135(1)(d)
(d) "Seafood" means those types of food sold fresh or frozen and commonly known as oysters, shrimp, lobsters, lobster tails, crabs, scallops, clams and other types of shell fish which are or can be lawfully taken for commercial purposes, but not any canned fish or such fish known as lutefisk.
29.135(1)(e)
(e) "Wholesale fish dealer" means any person who buys, barters, sells or solicits fish in any manner for himself or herself or any other person for sale to anyone other than a consumer; but no established retail store or locker plant is deemed a "wholesale fish dealer" solely as the result of the sale of fish to a restaurant, hotel or tavern at no reduction in the retail price charged other retail customers. A producer, except as otherwise hereinafter provided, who sells fish directly to retailers is a wholesale fish dealer. Hotels, meat markets, grocery stores, restaurants and taverns are retailers, except when they sell fish for resale, in which case they are wholesale fish dealers.
29.135(2)
(2) License required. No person shall engage in business as a wholesale fish dealer until a license therefor has been obtained from the department issued pursuant to this section and
s. 29.09.
29.135(3)
(3) Issuance. The department shall issue a wholesale fish dealer license to any person 18 years of age or older who applies for this license, if that person is not otherwise prohibited from being issued a license under
s. 29.99 or
29.995.
29.135(4)
(4) Rock and lake sturgeon. A wholesale fish dealer license does not authorize a person to sell, buy, barter, trade, possess, control or transport rock or lake sturgeon.
29.135(5)
(5) Tagging and labeling requirements. 29.135(5)(a)(a)
Tag, label or receipt required. No wholesale fish dealer may sell, buy, barter, trade, possess, control or transport any fish unless the fish are tagged and labeled in accordance with the law of the state or country where they were taken or, if no label or tag is required under the law of that state or country, unless the fish are accompanied by a receipt from the person from whom the fish were purchased or obtained.
29.135(5)(b)
(b)
Special tagging requirements for lake trout. Effective July 1, 1986, no wholesale fish dealer or producer of fish may sell, buy, barter, trade, possess, control or transport any lake trout unless the lake trout is tagged with a valid, current commercial fish tag issued or authorized by the department or by a governmental agency of another state or country. If a licensed wholesale fish dealer gives the department at least 12 hours notice of the date, time and location of arrival at the state line of lawfully possessed, untagged lake trout which are intended for importation into this state by the licensed wholesale fish dealer, the department or its representatives shall meet the shipment of lake trout and attach a "foreign lake trout tag" to each fish or seal the shipment with a department seal which may not be removed prior to delivery to the licensed wholesale fish dealer. The department or its representative shall tag the lake trout in a timely and orderly manner, and so as not to create any damage or spoilage to the fish. The tag shall be attached through the gills and mouth of whole lake trout, or in a manner which results in 2 complete fillets joined by the tag. For tagging of other forms of lake trout, the department shall promulgate rules to determine the manner in which the tag shall be attached to or accompany the trout, and the conditions, if any, under which the tag may be separated from the trout.
29.135(5)(c)
(c)
Failure to tag or label. Fish which are not tagged, labeled or accompanied by a receipt showing the fish were taken in another state or country as required under
par. (a) or
(b) are presumed to have been taken from the waters of this state.
29.135(5)(d)
(d)
Package labeling requirements. No wholesale fish dealer or producer of fish may transport or cause to be transported, or deliver or receive for transportation, any package or box containing any fish unless it is labeled legibly in a manner which discloses the name, address and license number of the consignor which shall be identical to that on the license; the name and address of the consignee; and each kind of fish contained in the package or box. If such shipment of fish is accompanied by an invoice containing the complete name, address and license number of the consignor, which shall be identical to that on the license; the complete name, address and license number, if any, of the consignee; the date of shipment from the consignor; the kinds of fish, the pounds of each kind and the description of the fish being shipped; and the signature of the person completing the invoice, the kinds of fish contained may be omitted from the package or box labels. Producers shall only be required to label or provide invoices for packages or boxes of fish being transported by motor vehicle for purposes of sale. This paragraph does not apply to a producer of fish on the Mississippi river.
29.135(6)(a)(a)
Records. Each wholesale fish dealer shall keep a complete, legible and accurate record of all fish purchased or obtained in his or her capacity as a wholesale fish dealer, in the manner required and on forms provided by the department. The record shall include the complete name, address and fish dealer license number of the purchaser; the complete name, address and wholesale fish dealer or commercial fishing license number of the person from whom the fish were purchased or obtained; the date of the transaction; the kinds of fish, the pounds of each kind and the description of the fish purchased or obtained; and the signature of the person completing the record.
29.135(6)(b)
(b)
Reports. On or before the 10th day of each month, each wholesale fish dealer shall submit the records for the preceding month to the department. If the records are mailed to the department, the date of the postmark constitutes the date of submission.
29.135(7)(a)(a)
Subjects of inspection. Fish stored or in the possession of a wholesale fish dealer, records and reports of a wholesale fish dealer and buildings, structures, vessels, equipment and materials related to a wholesale fish dealer's business are subject to inspection by the department as provided in this subsection.
29.135(7)(b)
(b)
Inspection authority; entry; inspection. For the purpose of enforcing this subsection, a conservation warden or a representative of the department, upon presentation of his or her credentials to a wholesale fish dealer, a person operating a vehicle for a wholesale fish dealer or an employe or person acting on behalf of a wholesale fish dealer, is authorized during any time when business is being conducted on the premises:
29.135(7)(b)1.
1. To enter any building or structure, except a dwelling place, where fish are stored, processed, packed or held, where a wholesale fish dealer's records or reports are kept, where vehicles, equipment or materials used in a wholesale fish dealer's business are located or where activities related to a wholesale fish dealer's business are conducted and to enter any vehicle used to transport or hold fish.
29.135(7)(b)2.
2. To inspect fish stored or in the possession of a wholesale fish dealer, records or reports of a wholesale fish dealer and buildings, structures, vessels, vehicles, equipment and materials related to a wholesale fish dealer's business.
29.135(7)(c)
(c)
Failure to permit inspection. No wholesale fish dealer, operator of a vehicle for a wholesale fish dealer or employe or person acting on behalf of a wholesale fish dealer may prohibit entry or prohibit an inspection to be conducted as authorized under this subsection unless a court restrains or enjoins the entry or inspection.
29.136(1)(1)
Definition. In this section, "taxidermist" means a person who mounts or preserves the carcass of any wild animal for consideration.
29.136(2)
(2) Permit requirements. No person may engage in business as a taxidermist after August 31, 1986, unless he or she is issued a taxidermist permit subject to
s. 29.09 by the department. This subsection does not apply to agents or employes of taxidermists while working under the direct supervision of a taxidermist permit holder.
29.136(3)
(3) Permits; prerequisites. The department shall not issue a taxidermist permit to any person unless that person has a seller's permit issued by the department of revenue and the number of the seller's permit is reported on the application form.
29.136(4)
(4) Authorization. Subject to this section and rules promulgated under this section, a taxidermist permit authorizes the permit holder to possess and transport wild animals or carcasses in connection with his or her business. This authority supersedes restrictions on the possession and transportation of wild animals and carcasses regardless of bag limits, rest days, closed seasons and similar restrictions, notwithstanding
s. 29.174 and rules promulgated by the department under that section. Subject to this section and rules promulgated under this section, a taxidermist permit entitles the permit holder to the same privileges as a Class A fur dealer's license.
29.136(5)
(5) Prohibition on commingling carcasses; carcass identification. 29.136(5)(a)(a)
Commingling. No person may commingle, store, possess or transport carcasses of wild animals received in connection with his or her business with carcasses of wild animals received for any other purpose. This paragraph does not require separate refrigeration units for carcasses of wild animals received in connection with a person's business, if properly identified and recorded under
par. (b), and carcasses of wild animals received for any other purpose.
29.136(5)(b)
(b)
Carcass identification; owner information. A person who receives the carcass of any wild animal in connection with his or her business as a taxidermist shall attach an identification tag to the carcass and record information concerning the owner of the carcass. The identification tag shall remain with the carcass while it is in the possession or under the control of the taxidermist. Each identification tag shall have an identification number which corresponds with the information record of the owner of the carcass. The information record of the owner shall include the owner's name, address and signature, a description of the carcass and the date the carcass is received by the taxidermist. This paragraph does not apply to salvage or spare parts of any carcass owned by a taxidermist that are used for repair or replacement purposes.
29.136(6)
(6) Records. A taxidermist shall maintain records on sales forms, in triplicate, as required by the department. These records shall include information records of the owner as required under
sub. (5) (b), records of all other wild animal carcasses received in his or her place of business and records of deliveries and shipments of wild animal carcasses. Records related to the effective period of a taxidermist permit shall be maintained for 2 years following the end of that effective period. This subsection does not apply to salvage or spare parts of any carcass owned by a taxidermist that are used for repair or replacement purposes.
29.136(7)(a)(a)
Departmental authority; limitations. A conservation warden may enter a taxidermist's place of business for inspection purposes as provided under
par. (b) only:
29.136(7)(a)3.
3. Upon presentation of his or her credentials to the taxidermist or an employe or agent of the taxidermist.
29.136(7)(b)
(b)
Items subject to inspection. All records required under
subs. (5) (b) and
(6) or related to the taxidermist's business are subject to departmental inspection as provided under
par. (a). A taxidermist or an employe or agent of the taxidermist shall cooperate with and exhibit items subject to inspection to a conservation warden or any other agent of the department.
29.136(7)(c)
(c)
Report. If requested, the department shall issue a report concerning any inspection conducted under this subsection.
29.136(7m)(a)(a) The department shall issue a taxidermy school permit to a person who applies for the permit; who, on August 15, 1991, holds a valid taxidermist permit issued under this section; and who, on August 15, 1991, operates a taxidermy school approved by the department of education under
s. 38.51.
29.136(7m)(b)
(b) A taxidermy school permit authorizes the holder of the permit to purchase muskellunge, bass, bluegill, sunfish, crappie, rock bass or northern pike, or the carcass of these fish, from persons who caught the fish and to resell the fish only to students enrolled in a taxidermy course at the taxidermy school operated by the purchaser. For purposes of this paragraph, a taxidermy course may not include a correspondence course in taxidermy.
29.136(7m)(c)
(c) A taxidermy school permit issued under this subsection shall limit the number of each species of fish that the operator of the taxidermy school may possess on any given date to the number that the taxidermy school needs for its course of instruction for a period of 2 years beginning on that date.
29.136(7m)(d)
(d) For the species of fish specified in
par. (b), a holder of a taxidermy school permit issued under this subsection shall comply with the tagging requirements under
sub. (5) (b) and the recording requirements under
sub. (6) and shall allow inspections as authorized under
sub. (7).
29.136(8)
(8) Penalties. Any person who violates this section or any rules promulgated under this section is subject to the following penalties:
29.136(8)(a)
(a) For a first conviction for any violation, a forfeiture of not more than $25.
29.136(8)(b)
(b) For a 2nd or subsequent conviction for any violation within 3 years of any previous violation, a forfeiture of not less than $25 nor more than $500.
29.137
29.137
Bait dealer license. 29.137(1)(1) A bait dealer license may be issued by the department to any resident of this state who has complied with the department's rules governing the taking, handling and storing of bait, specifications of equipment, and the filing of reports.
29.137(2)
(2) As used in this section unless the context requires otherwise:
29.137(2)(a)
(a) "Bait" means any species of frog, crayfish or minnow used for fishing purposes.
29.137(2)(b)
(b) "Bait dealer, Class A" means any person who buys for resale, barters, gives or sells bait to the amount of $2,000 or more each year.
29.137(2)(c)
(c) "Bait dealer, Class B" means any person who buys or gives for resale, barters, or sells bait to the amount of less than $2,000 each year.
29.137(3)
(3) No person shall engage in the business of bait dealer without obtaining a license therefor from the department issued pursuant to this section, except that resident children under 16 years of age, without license or permit, may barter or sell bait to consumers and shall be allowed to have a possession limit of 5,000 of each species of bait, but no such resident child shall make bait sales totaling more than $500 annually.
29.137(5)
(5) In accordance with the public policy declared in
s. 29.174 (1), the department may promulgate rules pursuant to
s. 29.174, governing the methods of taking, handling and storing bait, specification of equipment used, and making of reports.
29.137(5m)
(5m) Each licensee shall keep a correct and complete book record in the English language of all transactions in the production, buying and selling of bait carried on by the licensee, except that retail sales to consumers need not be recorded. This record shall show the name and post-office address from whom bait was purchased and to whom sold, together with the date of each transaction and the value of such bait. This record shall be open to the inspection of the department and its wardens at all reasonable hours. The record shall be kept intact for a period of 2 years after the expiration of any license issued under this section, as to all transactions carried on while such license was effective.
29.137(7)
(7) The department may issue permits for the taking of bait from specified waters and restrict the number of permits that may be issued for any designated body of water. Such permits shall be issued in the order of application up to the limit established by the department.
29.137(8)
(8) This section does not apply to bait produced in a private fish hatchery licensed under
s. 29.52.
29.137(9)
(9) Any person who molests, damages, destroys or takes the bait traps of another, regardless of intent, shall forfeit not more than $100.
29.14
29.14
Nonresident fishing licenses. 29.14(1)
(1)
Fishing license requirement; exceptions. 29.14(1)(a)(a)
Requirement. Except as provided under
pars. (b) and
(c) or
s. 29.155 (1g) and
(1h), except for persons with resident licenses under
s. 29.09 (12) (a) and except as otherwise specifically provided by another section of this chapter, no nonresident may fish in the waters of this state unless a valid nonresident fishing license is issued to the person subject to
s. 29.09 by the department or by a county clerk.
29.14(1)(b)
(b)
Exception; nonresidents under 16 years of age. No fishing license is required for a nonresident under the age of 16 years to fish with a hook and line or a rod and reel for fish of any variety, subject to all other conditions, limitations and restrictions prescribed in this chapter.
29.14(1)(c)
(c)
Exception; nonresident obtaining bait. No separate or other fishing license is required for a nonresident who is issued a valid nonresident fishing license to take minnows for bait or smelt for food under the same conditions and rules governing residents but minnows or smelt taken by a nonresident may not be sold, traded or bartered in any manner.
29.14(2)
(2) Nonresident annual fishing license. The department or a county clerk shall issue a nonresident annual fishing license, subject to
s. 29.09, to any nonresident who applies for this license.
29.14(3)
(3) Nonresident 15-day license. The department or a county clerk shall issue a nonresident 15-day fishing license, subject to
s. 29.09, to any nonresident who applies for this license.
29.14(4)
(4) Nonresident 4-day fishing license. The department or a county clerk shall issue a nonresident 4-day fishing license, subject to
s. 29.09, to any nonresident who applies for this license.
29.14(5)
(5) Nonresident annual family fishing license. The department or a county clerk shall issue a nonresident annual family fishing license, subject to
s. 29.09, to any nonresident who applies for this license. This license entitles the husband, wife and any minor children to fish under this license.
29.14(6)
(6) Nonresident 15-day family license. The department or a county clerk shall issue a nonresident 15-day family fishing license, subject to
s. 29.09, to any nonresident who applies for this license. This license entitles the husband, wife and any minor children to fish under this license.
29.14(7)
(7) Nonresident 2-day sports fishing license. 29.14(7)(a)(a)
Issuance. The department or a county clerk shall issue a nonresident 2-day sports fishing license, subject to
s. 29.09, to any nonresident who applies for this license.
29.14(7)(b)
(b)
Authorization. Unless otherwise specifically prohibited, a nonresident 2-day sports fishing license only authorizes fishing in outlying waters.
29.14(7)(c)
(c)
Use of fees. The department shall deposit receipts from the sale of nonresident 2-day sports fishing licenses in the conservation fund. The department shall credit 50% of these receipts to the appropriation under
s. 20.370 (1) (ku).
29.145
29.145
Resident fishing licenses. 29.145(1)
(1)
Fishing license requirement; exceptions. 29.145(1)(a)(a)
Requirement. Except as provided under
pars. (b) and
(c) and
ss. 29.155 (1g) and
(1h) and
29.156 and except as specifically provided otherwise by another section of this chapter, no resident may fish in the waters of this state unless a valid resident fishing license is issued to the person subject to
s. 29.09 by the department or by a county clerk or unless the person is issued a valid license, permit or card which authorizes fishing or entitles the holder to the rights and privileges of a fishing license.
29.145(1)(b)
(b)
Exception; residents under 16 years of age and certain senior citizens. 29.145(1)(b)1.1. No fishing license is required for any resident under the age of 16 years to fish for fish subject to all other provisions of law.
29.145(1)(b)2.
2. Notwithstanding
s. 29.092 (3v) (a) 2., no fishing license is required for any resident born before January 1, 1927, to fish for fish subject to all other provisions of law.
29.145(1)(c)
(c)
Exception; residents using nets for nongame fish. No fishing license is required for any resident to set, place or use any landing net, dip net, minnow seine or minnow dip net for fish other than game fish.
29.145(1c)
(1c) Fishing license for disabled persons. The department shall issue an annual disabled person fishing license to any resident who applies for this license and who does one of the following:
29.145(1c)(a)
(a) Produces a certificate from a licensed physician or optometrist stating that his or her sight is impaired to the degree that he or she cannot read ordinary newspaper print with or without corrective glasses.
29.145(1c)(c)
(c) Produces evidence that shows that he or she is a veteran, as defined in
38 USC 101, and is receiving disability compensation benefits under
38 USC 301 to
363 for a reduction in earning capacity that is rated greater than 70% under
38 USC 355.
29.145(2)
(2) Resident annual fishing license. 29.145(2)(a)(a) A resident annual fishing license shall be issued subject to
s. 29.09 by the department or by a county clerk to a resident of the state applying for this license.
29.145(2)(b)
(b) A resident annual fishing license issued to any resident who is 16 or 17 years of age shall be issued at the reduced fee under
s. 29.092 (3v) (b).
29.145(3)
(3) Resident 2-day sports fishing license. 29.145(3)(a)(a)
Issuance. The department or a county clerk shall issue a resident 2-day sports fishing license, subject to
s. 29.09, to any resident who applies for this license.
