29.001(39)
(39) "Game birds" means birds that are in the wild and includes wild geese, brant, wild ducks, wild swan, rails, coots, gallinules, snipe, woodcock, plovers, sandpipers, ruffed grouse, prairie chicken, sharp-tailed grouse, pheasants, gray partridge, chukar partridge, bobwhite, quail, crows and wild turkey.
29.001(41)
(41) "Game fish" includes all varieties of fish except rough fish and minnows.
29.001(41m)
(41m) "Great Lakes fish" means lake trout, siscowet, whitefish, chubs, yellow perch, menominee, lake herring, smelt, alewife, and burbot.
29.001(42)
(42) "Hunt" or "hunting" includes shooting, shooting at, pursuing, taking, capturing or killing or attempting to capture or kill any wild animal.
29.001(45)
(45) "Inland waters" means all waters not classified as outlying waters, including the bays, bayous and sloughs of the Mississippi River bottoms.
29.001(51)
(51) "Licensed boat" means a boat, other than an attending boat, included under a commercial fishing license.
29.001(54)
(54) "Minnow" includes a sucker not listed as endangered or threatened under
s. 29.604 (3), central mudminnow, tadpole madtom, stonecat, banded killifish, blackstripe topminnow, brook silverside, brook stickleback, ninespine stickleback, trout-perch, darter, log perch, sculpin. "Minnow" includes any minnow family cyprinid that is not listed as endangered or threatened under
s. 29.604 (3) and that is not a goldfish, grass carp, common carp or rudd. "Minnow" does not include any sucker, darter, sculpin or minnow species that is designated as detrimental under
s. 29.424.
29.001(57)
(57) "Motor vehicle" means a self-propelled vehicle, including a combination of 2 or more vehicles or an articulated vehicle. "Motor vehicle" includes a snowmobile or an all-terrain vehicle. "Motor vehicle" does not include an aircraft, a vehicle operated exclusively on rails, or an electric personal assistive mobility device.
29.001(60)
(60) "Nongame species" means any species of wild animal that is living in the wild and that is not classified as a game fish, game animal, game bird or fur-bearing animal.
29.001(63)
(63) "Outlying waters" means Lake Superior, Lake Michigan, Green Bay, Sturgeon Bay, Sawyer's Harbor and the Fox River from its mouth up to the dam at De Pere.
29.001(64)
(64) "Preexisting fish rearing facility" means a body of water that is a fish farm or part of a fish farm and that is not a self-contained body of water but that was licensed as a private fish hatchery, or as part of a private fish hatchery, under s.
29.52, 1995 stats., on January 1, 1998 and that has been continuously used to rear fish since that date.
29.001(66)
(66) "Registered boat" means a boat having a valid certificate of number issued under
s. 30.51.
29.001(69)
(69) "Resident" means a person who has maintained his or her place of permanent abode in this state for a period of 30 days immediately preceding his or her application for an approval. Domiciliary intent is required to establish that a person is maintaining his or her place of permanent abode in this state. Mere ownership of property is not sufficient to establish domiciliary intent. Evidence of domiciliary intent includes, without limitation, the location where the person votes, pays personal income taxes or obtains a driver's license.
29.001(72)
(72) "Resident senior citizen" means a resident who has attained the age of 65 years.
29.001(74)
(74) "Rough fish" includes suckers, not listed as endangered or threatened under
s. 29.604 (3), common carp, goldfish, freshwater drum, burbot, bowfin, garfish, sea lamprey, alewife, gizzard shad, rainbow smelt and mooneye.
29.001(75)
(75) "Self-contained body of water" means a body of water that has no inlet from or outlet to a natural body of water, except that it may have pipes or similar conduits to put in or withdraw water that are equipped with barriers that prevent the passage of fish between the body of water and the other waters of the state.
29.001(76)
(76) "Self-contained fish rearing facility" means any of the following:
29.001(76)(a)
(a) An artificial, self-contained body of water that is a fish farm or part of a fish farm.
29.001(81)
(81) "Sturgeon Bay" means that body of water lying south and east of a line commencing at the most northerly point of section 23, township 28 north, range 25 east, and running in a northeasterly direction to the water's edge on north line of section 13, same township and range.
29.001(84)
(84) "Trapping" includes the taking, or the attempting to take, of any wild animal by means of setting or operating any device that is designed or made to close upon, hold fast, or otherwise capture a wild animal. When "trap" is used as a verb, it has the same meaning as "trapping".
29.001(87)
(87) "Vehicle" means any device for moving persons or property or pulling implements from one place to another on land or rails or in the air.
29.001(90)
(90) "Wild animal" means any mammal, bird, fish, or other creature of a wild nature endowed with sensation and the power of voluntary motion.
GENERAL FISH AND GAME REGULATION
29.011
29.011
Title to wild animals. 29.011(1)
(1) The legal title to, and the custody and protection of, all wild animals within this state is vested in the state for the purposes of regulating the enjoyment, use, disposition, and conservation of these wild animals.
29.011(2)
(2) The legal title to a wild animal or carcass, taken or reduced to possession in violation of this chapter, remains in the state. The title to a wild animal or carcass, lawfully acquired, is subject to the condition that upon the violation of this chapter relating to the possession, use, giving, sale, barter or transportation of a wild animal or carcass by the owner, the ownership shall revert, as a result of the violation, to the state.
29.011(3)
(3) This section does not apply to farm-raised deer, farm-raised game birds, farm-raised fish, or wild animals that are subject to regulation under
ch. 169.
29.011 History
History: 1997 a. 248 s.
87;
2001 a. 56.
29.014
29.014
Rule-making for this chapter. 29.014(1)
(1) The department shall establish and maintain open and closed seasons for fish and game and any bag limits, size limits, rest days and conditions governing the taking of fish and game that will conserve the fish and game supply and ensure the citizens of this state continued opportunities for good fishing, hunting and trapping.
29.014(2)(b)(b) All of the rules promulgated under this chapter are prima facie reasonable and lawful until found to be otherwise in a final determination by a court.
29.014(2)(c)
(c) Any reference to this chapter includes any rules promulgated under this chapter and any reference to any provision of this chapter includes any rules promulgated under that provision.
29.014(3)
(3) Any rule of the department is subject to review in the manner provided in
ch. 227, except that if the rule affects only the county in which the appellant resides, the appeal shall be to the circuit court of that county.
29.014(4)
(4) No person may challenge the validity of a rule promulgated under this chapter in any prosecution of that person for a violation of this chapter or rules promulgated under this chapter unless the person has previously brought a separate action under
s. 227.40 seeking a declaratory judgment on the validity of the rule.
29.014 History
History: 1997 a. 248 ss.
77 to
79,
383,
397,
399.
29.014 Cross-reference
Cross-reference: See also chs.
NR 10 and
11, Wis. adm. code.
29.014 Annotation
The DNR has express authority under sub. (1) to adopt a rule allowing an open hunting season for mourning doves. The legislature has granted broad authority to the DNR to set open and closed seasons for game under sub. (1). Mourning doves fall within the definition of game applicable to this section, although the doves also fall within the definition of nongame species applicable to s. 29.039. Wisconsin Citizens Concerned for Cranes and Doves v. DNR, 2004 WI 40,
270 Wis. 2d 318,
677 N.W.2d 612,
02-1166.
29.024
29.024
Approvals; forms; issuing agents. 29.024(1)
(1)
Approvals required. Except as specifically provided in this chapter,
ch. 169, or
s. 95.55 (5), no person may hunt or trap in this state, fish in the waters of this state or engage in any of the activities regulated under this chapter unless the appropriate approval is issued to the person. A person shall carry the required approval with him or her at all times while hunting, trapping, or fishing or engaged in regulated activities unless otherwise required by this chapter or unless otherwise authorized or required by the department. A person shall exhibit the approval to the department or its wardens on demand.
29.024(2)
(2) Conditions and restrictions on approvals. 29.024(2)(a)(a) Except as provided in
s. 29.182 (4), a hunting, trapping, or fishing approval may be issued only to and obtained only by a natural person entitled to the approval.
29.024(2)(b)
(b) Except as provided under
s. 29.194 (1), a resident hunting, trapping or fishing approval may be issued only to a person who presents to the issuing agent or the department definite proof of his or her identity and that he or she is a resident.
29.024(2)(c)
(c) No more than one of the same series of approval may be issued to the same person for the same hunting or fishing season in any year except as authorized by the department.
29.024(2)(e)
(e) No person while hunting, trapping or fishing may use or carry any approval issued to another person, except that a person who accompanies and is assisting a disabled person may carry the disabled person's approval.
29.024(2)(f)1.1. Except as provided under
subd. 2. and as authorized by rules promulgated under
sub. (5) (a) 2., no person may obtain a hunting, trapping or fishing approval for another person.
29.024(2)(f)2.
2. A person who assists a disabled person may obtain an approval for a disabled person.
29.024(2)(g)
(g) No approval authorizing hunting, trapping, fishing or any other activity regulated by this chapter may be issued to any person who is prohibited from obtaining this type of an approval under this chapter.
29.024(2g)
(2g) Denial and revocation of approvals based on child support delinquency. 29.024(2g)(a)(a)
Social security numbers required. Except as provided in
par. (am), the department shall require an applicant who is an individual to provide his or her social security number as a condition of applying for, or applying to renew, any of the following approvals:
29.024(2g)(am)
(am)
Social security numbers exceptions. If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for, or applying to renew, an approval specified in
par. (a) 1. to
3., shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of children and families. An approval issued by the department of natural resources in reliance on a false statement submitted by an applicant under this paragraph is invalid.
29.024(2g)(b)
(b)
Duplicates. For purposes of this subsection, an application for a duplicate of an approval specified in
par. (a) shall be considered an application for the issuance of the approval.
29.024(2g)(c)
(c)
Disclosure of social security numbers. The department of natural resources may not disclose any social security numbers received under
par. (a) to any person except to the department of children and families for the sole purpose of administering
s. 49.22.
29.024(2g)(d)1.1. As provided in the memorandum of understanding required under
s. 49.857 (2), the department shall deny an application to issue or renew, suspend if already issued or otherwise withhold or restrict an approval specified in
par. (a) 1. to
3. if the applicant for or the holder of the approval is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or if the applicant or holder fails to comply with a subpoena or warrant issued by the department of children and families or a county child support agency under
s. 59.53 (5) and relating to paternity or child support proceedings.
29.024(2g)(d)2.
2. As provided in the memorandum of understanding required under
s. 49.857 (2), the department shall deny an application to issue or renew an approval specified in
par. (a) 1. to
3. if the applicant for or the holder of the approval fails to provide his or her social security number as required under
par. (a), unless the applicant is an individual who does not have a social security number and who submits a statement made or subscribed under oath or affirmation as required under
par. (am).
29.024(2g)(e)
(e)
Alternative to providing social security numbers. If the federal government allows a method under the system under
s. 49.857 (2) for purposes of administering this subsection that does not require the use of social security numbers of individuals applying for or holding approvals, other than the method under
par. (am) for submitting a statement made or subscribed under oath or affirmation that the individual does not have a social security number, the department shall request that the legislative reference bureau prepare legislation that allows compliance with that method and that eliminates the requirement that individuals provide their social security numbers under the system. The secretary shall submit the proposed legislation to the standing committee of each house of the legislature that has jurisdiction over fish and wildlife matters under
s. 13.172 (3).
29.024(2r)
(2r) Denial and revocation of approvals based on tax delinquency. 29.024(2r)(a)(a)
Social security and identification numbers required. Except as provided in
par. (am), the department shall require an applicant who is an individual to provide his or her social security number and an applicant who is not an individual to provide the applicant's federal employer identification number as a condition of applying for, or applying to renew, any of the following approvals:
29.024(2r)(am)
(am)
Social security and identification numbers exceptions. If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for, or applying to renew, any of the approvals specified in
par. (a) 1. to
16., shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of children and families. An approval issued by the department of natural resources in reliance on a false statement submitted by an applicant under this paragraph is invalid.
29.024(2r)(b)
(b)
Duplicates. For purposes of this subsection, an application for a duplicate of an approval specified in
par. (a) shall be considered an application for the issuance of the approval.
