1997 Wisconsin Act 248

248,509 Section 509 . 29.42 (title) of the statutes is renumbered 29.354 (title).

248,510 Section 510 . 29.42 (1), (2) and (3) of the statutes are renumbered 29.354 (1), (2) and (3) and amended to read:

29.354 (1) Approval necessary. No person, except a person who is issued has a valid hunting license, sports license, a conservation patron license, taxidermist permit or scientific collector permit and who is carrying this approval on his or her person, may possess or have under his or her control any game bird, animal or the carcass of any game bird or animal.

(2) Nests and eggs. No person, except a person who is issued has a valid scientific collector permit, may take, needlessly destroy or possess or have under his or her control the nest or eggs of any wild bird for which a closed season is prescribed under this chapter.

(3) Mounted collections. This section shall does not permit seizure of nor or prohibit possession or sale of lawfully obtained wild birds and animals which are mounted or in the process of being mounted for a private collection.

248,511 Section 511 . 29.42 (4) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.354.

248,512 Section 512 . 29.425 (title) and (1) to (3) of the statutes are renumbered 29.853 (title) and (1) to (3), and 29.853 (2) (a) and (3) (a), as renumbered, are amended to read:

29.853 (2) (a) Restrictions. No person may possess any live game animal or fur-bearing animal unless authorized under s. 29.55, 29.572, 29.574, 29.575, 29.578 29.857, 29.863, 29.867, 29.869, 29.871 or 29.585 29.877 except to control an animal temporarily.

(3) (a) Restrictions. No person may sell any live game animal or fur-bearing animal unless authorized under s. 29.55, 29.572, 29.574, 29.575, 29.578 29.857, 29.863, 29.867, 29.869, 29.871 or 29.585 29.877 and unless the purchaser is also authorized under one of those sections and presents evidence of that authorization to the seller.

248,513 Section 513 . 29.425 (4) of the statutes is renumbered 29.334 and amended to read:

29.334 (title) Hunting and trapping ; treatment of animals. A person who hunts or traps any game animal or fur-bearing animal shall kill the animal when it is taken and make it part of the daily bag or shall release the animal unless authorized under s. 29.55, 29.572, 29.574, 29.575, 29.578 29.857, 29.863, 28.867, 29.869, 29.871 or 29.585 29.877.

248,514 Section 514 . 29.425 (4m) and (5) of the statutes are renumbered 29.853 (4m) and (5).

248,515 Section 515 . 29.427 of the statutes is renumbered 29.855, and 29.855 (1) (b) and (c), (2) (a) and (b), (3) (a) to (c), (4) and (6), as renumbered, are amended to read:

29.855 (1) (b) “Domestic skunk" means a skunk raised on a fur animal farm licensed under s. 29.575 29.869.

(c) “Possess" has the meaning designated under s. 29.425 29.853 (1) (b).

(2) (a) Restrictions on possession of wild skunks. No person may possess any live wild skunk unless authorized under s. 29.55 29.857 except to control the skunk temporarily.

(b) Restrictions on possession of domestic skunks. No person may possess any live domestic skunk unless authorized under s. 29.55 29.857 or 29.575 29.869 except to control the skunk temporarily.

(3) (a) Restrictions on sale of wild skunks. No person may sell any live wild skunk unless authorized under s. 29.55 29.857 and unless the person to whom the skunk is sold is also authorized under s. 29.55 29.857.

(b) Restrictions on sale of domestic skunks. No person may sell any live domestic skunk unless authorized under s. 29.55 29.857 or 29.575 29.869 and unless the purchaser is also authorized under one of those sections and presents evidence of that authorization to the seller.

(c) Record. A person who sells any live skunk shall keep a record of the sale as required under s. 29.425 29.853 (3) (b).

(4) Descenting. No person may operate on a live wild skunk to remove its scent glands unless the person who possesses the skunk is authorized under s. 29.55 29.857 or 29.869. A veterinarian to whom a person brings a live wild skunk for removal of its scent glands or for other treatment shall notify that person that possession of a live skunk is illegal and shall notify the department.

Note: The cross-reference to s. 29.869 allows a person with a fur animal farm to descent a skunk.

(6) Destruction. A person may kill at any time a wild skunk which is a nuisance to activities authorized under s. 29.55, 29.572, 29.574, 29.575, 29.578 29.857, 29.863, 29.867, 29.869, 29.871 or 29.585 29.877. A person who kills an adult wild skunk with young shall attempt to kill the young skunks.

248,516 Section 516 . 29.43 (title), (1) to (4) and (5) (title) and (a) of the statutes are renumbered 29.357 (title), (1) to (4) and (5) (title) and (a), and 29.357 (1) to (4) and (5) (a), as renumbered, are amended to read:

29.357 (1) (title) During close closed season. Except as otherwise expressly provided, it shall be unlawful for any in this chapter, no person to may transport or cause to be transported, or deliver or receive or offer to deliver or receive for transportation, any game or game fish or carcass or part thereof at any time other than during the open season therefor for the game or game fish and 3 days thereafter. Whenever any game or game fish or carcass or part thereof is offered to any person for transportation at any time other than during the open season therefor and 3 days thereafter, such the person shall forthwith immediately notify the department or its wardens, stating full particulars of such of the offer and by whom made.

(2) Trunks; valises. No person shall may carry or control in any trunk, valise, or other package or enclosure, at any time on any common carrier, any game or game fish, or carcass or part thereof.

(3) Transportation employes. No employe of any railroad, express or other transportation company, and no steward, porter or other employe of any dining, parlor or sleeping car shall may have possession or control of, at any time while on duty, any game or game fish, or carcass or part thereof.

(4) Labeling game shipments. No person shall transport or cause to be transported, or deliver or receive for transportation, any package or parcel containing any wild animal or carcass or part thereof, unless the same package or parcel is labeled in plain letters on the address side of such the package or parcel so as to disclose with the name and address of the consignor, the name and address of the consignee, and the number of pounds of each kind of fish or the number of each variety of other wild animals; or carcasses, or parts thereof, contained therein in the package or parcel; and unless the consignor is the owner of such the shipment and shall deliver delivers to the common carrier therewith with the package or parcel, either personally, or by agent, a writing signed by the consignor personally, stating that the consignor is the owner of the shipment.

(5) (a) Subsections (1) to (4) do not apply to a person who is issued has a valid taxidermist permit and who possesses, transports, causes to be transported, delivers or receives, or offers to deliver or receive, a wild animal carcass in connection with his or her business.

248,517 Section 517 . 29.43 (5) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.357 (5) (b).

Note: Current statutes relating to transportation of game fishes or carcasses are amended to delete references to parts of carcasses since parts are included in the definition of a carcass and to provide that the department may, by administrative rules, create exceptions to this requirement. For example, currently, it is unlawful for a person to take game to a meat processor to be smoked or processed in any fashion outside the open season. Technically, many violations of this provision are committed by persons who take meat to a processor to have it smoked or otherwise prepared for the holiday season. This change will permit the department to create exemptions for such actions.

248,518 Section 518 . 29.44 (title) of the statutes is renumbered 29.047 (title).

248,519 Section 519 . 29.44 (1) of the statutes is repealed.

248,520 Section 520 . 29.44 (2) of the statutes is renumbered 29.047 (2) (a) and amended to read:

29.047 (2) (a) Subsection (1) does not apply to a A person who is issued has a valid taxidermist permit and who possesses, transports, causes to be transported, delivers or receives, or offers to deliver or receive, a wild animal carcass in connection with his or her business.

248,521 Section 521 . 29.44 (3) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.047 (2) (b) and amended to read:

29.047 (2) (b) Subsection (1) does not apply to the The possession, transportation, delivery or receipt of farm-raised deer or farm-raised fish.

248,522 Section 522 . 29.45 of the statutes is renumbered 29.361, and 29.361 (5), as renumbered, is amended to read:

29.361 (5) This section does not apply to a person who is issued has 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.

248,523 Section 523 . 29.46 of the statutes is renumbered 29.364, and 29.364 (1) to (3) and (5), as renumbered, are amended to read:

29.364 (1) Transportation. No common carrier shall may receive for transportation or transport or attempt to transport any game bird, or carcass or part thereof of a game bird except as provided in this section.

(2) Residents. Any duly licensed resident who has all of the required hunting approvals 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.

(3) Nonresidents. Any duly licensed nonresident who has all of the required hunting approvals 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.

(5) Exemption; taxidermists. Subsections (1) to (3) do not apply to a person who is issued has a valid taxidermist permit and who is transporting the carcass of a game bird in connection with his or her business.

248,524 Section 524 . 29.47 (title) of the statutes is renumbered 29.407 (title).

248,525 Section 525 . 29.47 (2) (title) of the statutes is renumbered 29.407 (1) (title).

248,526 Section 526 . 29.47 (2) (intro.) of the statutes is renumbered 29.407 (1) (a) and amended to read:

29.407 (1) (a) No person shall may 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: unless the person complies with all applicable requirements under pars. (b) and (c).

248,527 Section 527 . 29.47 (2) (a) and (b) of the statutes are repealed.

Note: Current s. 29.47 (2) (a) and (b) are as follows:

“29.47 (2) (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.

(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.".

These provisions are deleted because they have been superseded by the wholesale fish dealer law and are no longer used. Also, there is no longer a season for the fish specified by sub. (2) (a) on outlying waters for commercial fishermen.

248,528 Section 528 . 29.47 (2) (c) and (d) of the statutes are renumbered 29.407 (1) (b) and (c) and amended to read:

29.407 (1) (b) All fish which that 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 A dressed or filleted fish shall remain in one piece with the skin and scales intact. The skin and scales shall remain on a filleted fish.

Note: This provision is amended to reflect the fact that if a fish has been filleted it is no longer in one piece with the skin and scales intact. As revised, separate requirements are created for dressed fish as opposed to filleted fish.

This same change is made in new s. 29.407 (2) (d).

(c) No A box, package or container of fish transported by common carrier shall contain fish of more than only one owner.

248,529 Section 529 . 29.47 (3) (title) of the statutes is renumbered 29.407 (2) (title).

248,530 Section 530 . 29.47 (3) (intro.) of the statutes is renumbered 29.407 (2) (a) and amended to read:

29.407 (2) (a) The transportation of No person may transport or cause to be transported, or deliver or receive or offer to deliver or receive for transportation, any game fish taken in from outlying waters is subject to the following limitations: unless the person complies with all applicable requirements under pars. (b) to (d).

248,531 Section 531 . 29.47 (3) (a) to (c) of the statutes are renumbered 29.407 (2) (b) to (d) and amended to read:

29.407 (2) (b) No green fish of any variety except lawfully taken suckers shall may be shipped from any port located on outlying waters during the closed season for such the fish, except the first 3 days thereof of the closed season.

(c) 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 may be billed only from a port on outlying waters directly to their destination, and shall may not be rebilled or reshipped from any other point within the state.

(d) 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 A dressed or filleted fish shall remain in one piece with the skin and scales intact. The skin and scales shall remain on a filleted fish.

248,532 Section 532. 29.47 (4) of the statutes is renumbered 29.407 (3).

248,533 Section 533 . 29.47 (5) of the statutes is repealed.

Note: The current text of s. 29.47 (5) is as follows:

“29.47 (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.".

This provision is deleted because the provision has been superseded by other commercial fishing regulations.

248,534 Section 534 . 29.47 (6) of the statutes is renumbered 29.407 (4) and amended to read:

29.407 (4) Injurious fish. No live rough fish except goldfish, dace and suckers shall may be transported into or within the state at any time without a permit from the department, except any person holding authorized by a state contract to remove rough fish pursuant to s. 29.62 29.421 may transport rough fish taken by the person under the authority of such the contract.

248,535 Section 535 . 29.47 (7) (title) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.407 (5) (title).

248,536 Section 536 . 29.47 (7) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.407 (5) (a) and amended to read:

29.407 (5) (a) This section does not apply to a person who is issued has a valid taxidermist permit and who is transporting fish in connection with the person's business.

248,537 Section 537 . 29.47 (7) (b) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 29.407 (5) (b).

248,538 Section 538 . 29.475 of the statutes is renumbered 29.071 and amended to read:

29.071 Wildlife on Indian reservations protected. No person shall may 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 closed season for such the wild animal, bird or fish without a permit from the department issued under such regulations as it may prescribe.

248,539 Section 539 . 29.48 (title) of the statutes is renumbered 29.539 (title).

248,540 Section 540 . 29.48 (1) of the statutes is renumbered 29.539 (1), and 29.539 (1) (a), as renumbered, is amended to read:

29.539 (1) (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:

1. Deer, bear, squirrel, game bird, game fish or the carcass thereof of any of these wild animals at any time.

2. Any other wild animal or the its carcass thereof during the closed season for that wild animal.

248,541 Section 541 . 29.48 (1m) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.539 (1m).

248,542 Section 542 . 29.48 (2) of the statutes is renumbered 29.539 (2).

248,543 Section 543 . 29.48 (3) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.539 (3).

248,544 Section 544 . 29.48 (4) and (5) of the statutes are renumbered 29.539 (4) and (5).

248,545 Section 545 . 29.48 (6) of the statutes is renumbered 29.539 (6) and amended to read:

29.539 (6) The sale of a species of fish specified under s. 29.136 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. 29.136 29.506 (7m).