Feed for /1995/statutes/statutes/29 PDF
29.45(4) (4) This section does not apply to a bona fide public zoo.
29.45(5) (5) This section does not apply to a person who is issued a valid taxidermist permit and who is transporting, attempting to transport or receiving the carcass of a deer in connection with his or her business.
29.45(6) (6) This section does not apply to the transportation of farm-raised deer.
29.46 29.46 Transportation of game birds.
29.46(1) (1)Transportation. No common carrier shall receive for transportation or transport or attempt to transport any game bird, or carcass or part thereof except as provided in this section.
29.46(2) (2)Residents. Any duly licensed resident may transport in the resident's personal possession the legal daily bag limit or possession limit of any game birds for which an open season has been provided to any point within the state.
29.46(3) (3)Nonresidents. Any duly licensed nonresident may transport in the nonresident's personal possession the legal daily bag limit or possession limit of game birds for which an open season has been provided from any point within the state to any point within or without the state.
29.46(4) (4)Migratory birds.
29.46(4)(a)(a) In this subsection "migratory game bird" means any bird defined as such by the secretary of the interior in the code of federal regulations.
29.46(4)(b) (b) No person may transport any migratory game bird for which open seasons are prescribed, unless the head or one fully feathered wing remains attached to each bird while being transported from the place where taken to the personal residence of the possessor or to a commercial preservation facility.
29.46(5) (5)Exemption; taxidermists. Subsections (1) to (3) do not apply to a person who is issued a valid taxidermist permit and who is transporting the carcass of a game bird in connection with his or her business.
29.46 History History: 1975 c. 360; 1985 a. 29; 1991 a. 316.
29.47 29.47 Transportation of fish.
29.47(2) (2)From inland waters. No person shall transport or cause to be transported, or deliver or receive or offer to deliver or receive for transportation, any game fish taken from inland waters other than as follows:
29.47(2)(a) (a) By common carrier: In each period of 7 days, one shipment only of not more than one package, containing not more than the bag limit for one day of game fish of any variety except brook, brown and rainbow trout, and in addition thereto not more than 20 pounds of any game fish for which no daily bag limit is established may be shipped by any resident to any point within the state, or by any nonresident licensee to any point without the state.
29.47(2)(b) (b) By means of other than common carrier: The possession limit, as prescribed by the department, of game fish of any variety may be transported by any resident to any point within the state, or by any nonresident licensee to any point without the state, when accompanied by the owner.
29.47(2)(c) (c) All fish which are subject to a minimum size limit and are taken by hook and line may be transported with the head or tail, or both, removed and may be filleted before being transported, but only if the dressed or filleted fish continues to meet the minimum size limit. The dressed or filleted fish shall remain in one piece with the skin and scales intact.
29.47(2)(d) (d) No box, package or container of fish transported by common carrier shall contain fish of more than one owner.
29.47(3) (3)From outlying waters. The transportation of fish taken in outlying waters is subject to the following limitations:
29.47(3)(a) (a) No green fish of any variety except lawfully taken suckers shall be shipped from any port located on outlying waters during the closed season for such fish, except the first 3 days thereof.
29.47(3)(b) (b) Pike and pickerel of lawful size and lawfully taken from outlying waters may be transported to points within or without the state without limitation as to quantity; but all such shipments shall be billed only from a port on outlying waters directly to their destination, and shall not be rebilled or reshipped from any other point within the state.
29.47(3)(c) (c) All fish which are subject to a minimum size limit and are taken by hook and line may be transported with the head or tail, or both, removed and may be filleted before being transported, but only if the dressed or filleted fish continues to meet the minimum size limit. The dressed or filleted fish shall remain in one piece with the skin and scales intact.
29.47(4) (4)Shipments from inland points. Any shipment of game fish of any variety originating at any point in this state other than ports located on outlying waters is subject to this section governing the transportation of game fish taken from inland waters.
29.47(5) (5)Foreign shipments. Pike and pickerel in a frozen state, whether dressed or not dressed, legally taken or imported from any foreign country, are not subject to this chapter except as may be provided by department orders; but the person importing, transporting, dealing in, or selling such fish shall keep a separate record of all shipments and consignments thereof, containing the number of pounds, the date received, the name of the consignor, and the name of the carrier transporting the same, which shall be at all times open to inspection by the department or its wardens.
29.47(6) (6)Injurious fish. No live rough fish except goldfish, dace and suckers shall be transported into or within the state at any time without a permit from the department except any person holding a state contract to remove rough fish pursuant to s. 29.62 may transport rough fish taken by the person under the authority of such contract.
29.47(7) (7)Exemption; taxidermists. This section does not apply to a person who is issued a valid taxidermist permit and who is transporting fish in connection with the person's business.
29.475 29.475 Wildlife on Indian reservations protected. No person shall remove or take from any Indian reservation the carcass of any protected wild animal, bird or fish or any part thereof, including the fur, during the close season for such animal, bird or fish without a permit from the department issued under such regulations as it may prescribe.
29.48 29.48 Sale of game or fish.
29.48(1) (1)
29.48(1)(a)(a) Except as otherwise expressly provided under this chapter or rules promulgated 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:
29.48(1)(a)1. 1. Deer, bear, squirrel, game bird, game fish or the carcass thereof at any time.
29.48(1)(a)2. 2. Any other wild animal or the carcass thereof during the closed season for that wild animal.
29.48(1)(b) (b) This subsection applies whether the wild animals listed under par. (a) were lawfully or unlawfully taken within or without the state.
29.48(1m) (1m)Subsection (1) does not apply to farm-raised deer.
29.48(2) (2) No fish taken by hook and line from outlying waters, except rough fish, may be sold, bartered or traded in any manner.
29.48(3) (3) The eggs from trout and salmon lawfully taken and possessed, when removed from the fish are exempted from this section. 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.
29.48(4) (4) The tails and skin of any squirrel lawfully killed, when severed from the rest of the carcass are exempted from this section.
29.48(5) (5)
29.48(5)(a)(a) 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.
29.48(5)(b) (b) 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.
29.48(6) (6) The sale of a species of fish specified under s. 29.136 (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. 29.136 (7m).
29.49 29.49 Serving of game to guests.
29.49(1) (1)Restaurants, etc.
29.49(1)(a)(a) Except as provided in s. 29.52, 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 the guests or boarders thereof:
29.49(1)(a)1. 1. The meat of any deer, bear, squirrel, game bird or game fish taken from inland waters at any time; or
29.49(1)(a)2. 2. The meat of any other game or other wild animal, or carcass or part thereof, during the closed season therefor, whether such meat is of animals lawfully or unlawfully taken within or without the state.
29.49(1)(b) (b) The department may issue permits authorizing the serving of lawfully taken and possessed wild animals at any time.
29.49(2) (2)Free lunch. The giving, offering, or affording opportunity to take free lunch in any of the places named in sub. (1) shall be held to be embraced within the prohibitions thereof.
29.49(3) (3)Exemption. This section does not apply to the meat from farm-raised deer.
29.49 History History: 1975 c. 360; 1991 a. 269; 1995 a. 79.
29.50 29.50 Propagation privileged. Nothing in the foregoing provisions concerning the protection of wild animals shall affect the operation of state hatcheries, the removal of fish which have died from natural causes or the removal of deleterious fish by the department or under its authority; or the propagation or transportation, collecting and transplanting of fish or fish fry by state authority; nor the transportation of fish into or through this state or out of it by the commissioners of fisheries of other states or of the United States; nor the operation of private fish hatcheries, or the propagation of fish in private waters, or the transportation and sale of fish therefrom as hereinafter provided; but the department, or its agents and employes, shall not furnish fish or fry from state hatcheries to private ponds, private clubs, corporations or preserves, and shall not plant them in waters where the general public is not allowed the rights and privileges enjoyed by any individual.
29.50 Annotation Under 29.50 and 30.77, department may refuse to stock waters where public access is inadequate. 68 Atty. Gen. 233.
29.51 29.51 State propagation of fish.
29.51(1) (1)State fish hatcheries. The department shall have general charge of the following matters, and all necessary powers therefor, namely:
29.51(1)(a) (a) The propagation and breeding of fish of such species and varieties as they deem of value.
29.51(1)(b) (b) The collection and diffusion of useful information in regard to the propagation and conservation of fish.
29.51(1)(c) (c) The government and control, care, supply, and repair of the state fish hatcheries and the grounds used therefor, whether owned or leased, and the buildings, ponds, fish car and other apparatus, and all other property belonging to or held by the state for the propagation of fish.
29.51(1)(d) (d) The purchase and establishment and control, in like manner, of new hatcheries when appropriations shall be made by law, and the establishment of such temporary hatching stations as they may deem necessary. With the consent and approval of the department, lands may be acquired by grant, devise or conveyance constituting a voluntary donation to or purchase by the state for the express purpose of enabling it to use such lands for establishing hatcheries and the propagation of fish.
29.51(1)(e) (e) The receiving from the U.S. commissioners of fisheries, from the commissioners of fisheries of other states or from other persons of all spawn, fry or fish donated to the state or purchased, and in the most practical ways, by exchange or otherwise, to procure, receive, distribute and dispose of spawn and fish; to make contracts and carry on the same for the transportation of fish cars, cans, departmental officers and employes by land or water as is most advantageous to the state; and to take such other measures as in their judgment best promotes the abundant supply of food fishes in the waters of the state.
29.51(1)(f) (f) The department shall keep an inventory of the property of the several hatcheries, with the cost of each article, and account in detail and separately of the expenses of each hatchery; also of the distribution of the fish, of maintaining and repairing property and of such improvements as may be ordered.
29.51(2) (2)Transplantation of fish. The department may take or cause to be taken fish at any time of the year from any waters of the state for stocking other waters or for the purpose of securing eggs for artificial propagation. These fish or eggs may be taken only under a special permit issued by the department and only in the presence of the department or its wardens. This permit shall specify the kinds of fish that may be taken and the manner in which they may be taken. This permit is subject to the conditions that the holder pay for the services of and furnish free transportation and meals on his or her boat to a competent person approved by the department to spawn the fish and fertilize the eggs and that the eggs are delivered at the place designated by the department.
29.51(3) (3)Delivery of spawn. Any person fishing in any waters of this state shall deliver, on demand, to the department or its wardens or authorized agents, all kinds of fish, during the spawning season, for the purpose of being stripped of their eggs and milt; and the person receiving them shall, immediately after having stripped the fish, return them to the person from whom received. Any such person shall permit the department, or its wardens, or authorized agents to enter any boats, docks, grounds or other places where such fish may be, for the purpose of stripping the same while alive, and shall render such assistance as may be necessary to expedite the work of mixing the eggs and milt for proper impregnation.
29.51(4) (4)Removal of spawn or fish from state. No person shall remove any fish eggs or live fish from this state except as authorized by law, unless a permit therefor has been issued to the person by the department.
29.51(5) (5)Unlawful fishing by employes. No employe of the department, and no other person, while engaged in catching wild fish from the public waters for purposes of artificial propagation, shall take or have possession or control of any kind of fish other than those that the person has been directed, by the department, to take therefrom.
29.51(6) (6)Erection of barriers to exclude rough fish. The department may for any period in its discretion erect and maintain or authorize erection and maintenance of a screen or similar barrier in any navigable stream for the purpose of preventing rough fish or other fish found to be undesirable from invading any part of such stream, provided such screen or barrier does not unreasonably interfere with navigation.
29.51(7) (7)Cooperation during a fish census.
29.51(7)(a)(a) A person who is fishing shall cooperate with an employe of the department when the employe is involved in taking a fish census.
29.51(7)(b) (b) Section 29.99 does not apply to this subsection.
29.51 History History: 1981 c. 195; 1989 a. 31; 1991 a. 316.
29.511 29.511 Cold water fish hatchery. In exercising the powers granted to the department under s. 29.51 the department shall purchase and establish fish hatchery facilities specializing in the production of cold water fish. The hatchery shall be located in a county centrally situated and no farther than 40 miles from Lake Michigan. The capacity of the fish hatchery should permit a minimum of 40,000 pounds of fish production.
29.511 History History: 1977 c. 432.
29.512 29.512 Well disruptions caused by Bayfield hatchery operations.
29.512(1)(1) Upon complaint in writing by an owner or lessee of land to the department that operation of the well by the department at the Bayfield fish hatchery has caused damage through disruption of well operations located within 10,000 feet of the fish hatchery well, the department shall inquire into the matter. If it appears to the department that the facts stated in the complaint are true, the department shall pay to the claimant the amount of such damages, as determined by the department.
29.512(2) (2) If the department determines not to pay the claim or if the amount of damages cannot be agreed upon, the claimant may present the claim to the claims board in accord with s. 16.007.
29.512 History History: 1973 c. 333; 1991 a. 316.
29.513 29.513 Permit for private management.
29.513(1) (1) Any person or persons owning all of the land bordering on any navigable lake that is completely landlocked may apply to the department for a permit to remove, destroy or introduce fish in such lake.
29.513(2) (2) Upon receiving such application the department shall hold a public hearing in the vicinity of such lake, and if the hearing is favorable the department may issue a permit authorizing the applicant to remove, destroy or introduce fish in such lake.
29.513(3) (3) Such permit shall be subject to such terms, conditions and limitations as the department deems proper. All work done under the authority of such permit shall be under the supervision of the department or its agents, who shall be afforded free access to such lake at all times for such purpose by the permittee. The expenses of such supervision shall be paid by the permittee.
29.513(4) (4) All fish removed from such lake under such permit shall be turned over to the department.
29.515 29.515 Trespass to state fish hatchery. Whoever does any of the following shall be subject to the penalties under s. 29.99 (1):
29.515(1) (1) Without proper authority, enters upon the grounds of any state fish hatchery for the purpose of killing or taking fish therefrom; or
29.515(2) (2) Without proper authority, kills, takes or catches any fish from any waters or grounds which the person knew or should have known belonged to or were connected with any state fish hatchery; or
29.515(3) (3) Without proper authority to do so, intentionally or negligently injures any fish, or in any manner interferes harmfully with the ponds, streams, troughs or other property of a state fish hatchery.
29.515 History History: 1975 c. 365; 1985 a. 29.
29.52 29.52 Private fish hatcheries.
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