1997 Wisconsin Act 248

248,501 Section 501 . 29.38 of the statutes is renumbered 29.537, and 29.537 (2) (intro.), (3) (a) 2., (6) (a) (intro.), 1. and 2. and (b) and (9), as renumbered, are amended to read:

29.537 (2) Definitions. (intro.) As used in In this section:

(3) (a) 2. The person is a licensed clam helper engaged in commercial clam shelling while aboard a vessel boat with the licensed commercial clam sheller whom the clam helper is assisting.

(6) (a) (intro.) Except as provided in par. (d), for purposes of enforcement of this section and rules adopted under it, conservation, wardens or department employes authorized and designated by the secretary, upon presenting appropriate credentials to the licensee or agent in charge, are authorized to do all of the following:

1. Enter any place, building or structure, excluding a dwelling place, in which clams or clamming equipment are stored, processed, packed or held and enter any vessel boat or vehicle being used to transport clams or clamming equipment when the licensee or agent in charge is present or upon 8 hours' notice at other times.

2. Inspect places, buildings, structures, vessels boats or vehicles, all pertinent equipment used or stored in the places to be inspected and any clams stored, processed, packed or held in the places to be inspected.

(b) No licensee, operator of a vehicle or vessel boat for the licensee, or employe acting on behalf of the licensee may prohibit entry or prohibit an inspection from being conducted as authorized under par. (a).

(9) Confidentiality. Upon request in writing by a person who is required by department rule to keep a record or submit a report, the department shall keep confidential any information on the record or report relating to the value or weight of clams bought, sold or bartered by the person or relating to the specific location where the clams were taken, killed, collected or removed, except that the information may be disclosed in statistical summaries or reports which do not identify the person by name or license number and in any enforcement action under s. 29.99 29.971 (1m).

248,502 Section 502 . 29.39 of the statutes is renumbered 29.055 and amended to read:

29.055 (title) Possession during Wild animals; possession in closed season or in excess of bag limit. Except as otherwise expressly provided in this chapter, no person may have in the person's possession or under the person's control, or have in storage or retention for any person, any wild animal, or the carcass or part thereof, that was taken during the closed season for that wild animal or that is in excess of the bag or possession limit or contrary to the size limits for that wild animal. The open and closed seasons and the bag, possession and size limits of the state, province or country in which a wild animal was taken shall apply to the wild animal or the carcass if it was lawfully killed outside of this state.

248,503 Section 503 . 29.395 of the statutes is renumbered 29.057 and amended to read:

29.057 (title) Game, Wild animals; possession in open season. It shall be is unlawful to have in possession possess or under control at any time a protected wild animal or the carcass or part of the carcass or skin of any protected wild animal showing that the same has been it was taken during the close closed season for such the protected wild animal.

248,504 Section 504 . 29.40 of the statutes is renumbered 29.347, and 29.347 (2), as renumbered, is amended to read:

29.347 (2) Deer tags. Except as provided under sub. (5) and s. 29.405 29.324 (3), any person who kills a deer shall immediately attach to the ear or antler of the deer a current validated deer carcass tag which is authorized for use on the type of deer killed. Except as provided under sub. (2m) or s. 29.578 29.871 (7), (8) or (14), no person may possess, control, store or transport a deer carcass unless it is tagged as required under this subsection. The carcass tag may not be removed before registration. The removal of a carcass tag from a deer before registration renders the deer untagged.

Note: The provision relating to deer tags is expanded to provide that the carcass tag may not be removed prior to registration and that the removal of a carcass tag from a deer prior to registration renders the deer untagged. This change reflects the current interpretation of the tagging law by the department.

248,505 Section 505 . Subchapter V (title) of chapter 29 [precedes 29.401] of the statutes is created to read:

CHAPTER 29

subchapter V
fishing regulation

248,506 Section 506 . 29.405 of the statutes is renumbered 29.324, and 29.324 (3), as renumbered, is amended to read:

29.324 (3) A person who kills a deer under sub. (2) shall ensure that a member of his or her group deer hunting party without delay attaches a current validated deer carcass tag to the deer in the manner specified under s. 29.40 29.347 (2). The person who kills the deer may not leave the deer unattended until after it is tagged.

248,507 Section 507 . 29.41 of the statutes is renumbered 29.351, and 29.351 (3), as renumbered, is amended to read:

29.351 (3) Possess the raw skin of any muskrat, mink, otter, fisher or pine marten at any time unless the person is the holder of a valid scientific collector permit, fur dealer license, trapping license or resident conservation patron license of current issue. No license is required for a person breeding, raising and producing domestic fur-bearing animals in captivity, as defined in s. 29.579 29.873, or for a person authorized to take muskrats on a cranberry marsh under a permit issued to the person by the department.

248,508 Section 508 . 29.415 of the statutes is renumbered 29.604, and 29.604 (2) (c), (3) (a), (5) (a) and (c) and (8), as renumbered, are amended to read:

29.604 (2) (c) “Wild Notwithstanding s. 29.001 (90), “wild animal" means any mammal, fish, wild bird, amphibian, reptile, mollusk, crustacean, or arthropod, or any part, products, egg or offspring thereof, or the dead body or parts thereof.

(3) (a) The department shall by rule establish an endangered and threatened species list. The list shall consist of 3 parts: wild animals and wild plants on the U.S. list of endangered and threatened foreign species; wild animals and wild plants on the U.S. list of endangered and threatened native species; and a list of endangered and threatened Wisconsin species. Wisconsin endangered species shall be compiled by issuing a proposed list of species approaching statewide extirpation. Wisconsin threatened species shall be compiled by issuing a proposed list of species which appear likely, within the foreseeable future, to become endangered. Issuance of the proposed lists shall be followed by solicitation of comments and public hearing. Wild animals and wild plants shall be deemed approaching considered to be approaching statewide extirpation if the department determines, based upon the best scientific and commercial data available to it, after consultation with other state game directors, federal agencies and other interested persons and organizations, that the continued existence of such these wild animals and wild plants in this state is in jeopardy.

(5) (a) 1. Whoever violates sub. (4) (a) or any rules promulgated under it shall forfeit not less than $500 nor more than $2,000. In addition, the court shall order the revocation of all hunting approvals issued to the person under this chapter and shall prohibit the issuance of any new hunting approvals under this chapter for one year. Whoever intentionally violates sub. (4) (a) or any rules promulgated under it shall be fined not less than $2,000 nor more than $5,000 or imprisoned for not more than 9 months or both. In addition, the court shall order the revocation of all hunting approvals issued to the person under this chapter and shall prohibit the issuance of any new hunting approvals under this chapter for 3 years.

2. Whoever violates sub. (4) (b) or (c) or any rules promulgated under those paragraphs shall forfeit not more than $1,000. Whoever intentionally violates sub. (4) (b) or (c) or any rules promulgated under those paragraphs shall be fined not more than $1,000 or imprisoned for not more than 9 months or both.

(c) Goods, merchandise, wild animals, wild plants or records seized under par. (b) shall be held by an officer or agent of the department pending disposition of court proceedings and thereafter shall be forfeited to the state for destruction or disposition as the department deems determines to be appropriate. Prior to forfeiture, the department may direct the transfer of wild animals or wild plants so seized to a qualified zoological, educational or scientific institution or qualified private propagator for safekeeping with costs assessable to the defendant.

(8) Exemptions. This section shall does not apply to zoological societies, or municipal zoos, or to their officers or employes thereof.

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: