1997 Wisconsin Act 248

(14) Processing, handling and issuing fees. The fees for processing, handling and issuing approvals are as follows:

(a) Processing fee. 1. The processing fee for applications for approvals under the hunter's choice deer hunting permit, bonus deer hunting permit, wild turkey hunting license, Class A bear license, Canada goose hunting permit, sharp-tailed grouse hunting permit, bobcat hunting and trapping permit, otter trapping permit, fisher trapping permit or sturgeon fishing permit: $2.75.

2. Joint application for a hunter's choice deer hunting permit and a bonus deer hunting permit: $2.75.

(b) Handling fee. Approvals designated by rule under s. 29.556: the fee as established by rule.

(c) Issuing fee. 1. Each license issued under subs. (2) to (10) and (12): 75 cents.

2. Each stamp issued under subs. (2) (e) and (3) (c): 25 cents.

3. Each application for a hunter's choice permit, bonus deer permit, wild turkey hunting license, Canada goose hunting permit, sharp-tailed grouse hunting permit, bobcat hunting and trapping permit, otter trapping permit, fisher trapping permit or sturgeon fishing permit: 25 cents.

248,602 Section 602 . 29.565 (title) of the statutes is renumbered 29.861 (title).

248,603 Section 603 . 29.565 (intro.) of the statutes is renumbered 29.861 (1) and amended to read:

29.861 (1) The department shall establish an animal wildlife exhibit where wild animals, allowed to roam at will, may be viewed by the public without charge on state owned lands over which the department has jurisdiction, or upon lands donated to the state for the purpose. The boundary of the area shall be marked by posts placed at intervals of not over 500 feet and bearing signs with the words “Wisconsin Wildlife Exhibit Area". The department shall provide shelters thereon, for the housing of the caretaker, and the sheltering, nursing and caring for orphaned wild animals, which shall be furnished by the department, which may accept private donations of such animals. Such animals shall be sheltered and cared for until they are old enough to release, but by providing food and shelter efforts shall be made to induce the animals to return to the area year after year.

Note: This provision is substantially simplified to make the management of the wildlife exhibit subject to DNR discretion.

248,604 Section 604 . 29.565 (1) of the statutes is repealed.

Note: The text of current s. 29.565 (1) is as follows:

“29.565 (1) The department shall employ a caretaker with long experience with wild animals, preferably a retired game warden, to manage the exhibit.".

This provision, and portions of s. 29.565 (intro.), are repealed because the staffing and management of DNR facilities should generally not be dictated by statute.

248,605 Section 605 . 29.565 (2) of the statutes is renumbered 29.861 (2) and amended to read:

29.861 (2) No person shall at any time or in any manner may hunt or trap within the boundaries of the area, nor have possession or control of therein, any gun or rifle wildlife exhibit or possess a gun or firearm within the boundaries of the wildlife exhibit unless it is unloaded and knocked down or enclosed in a carrying case.

248,606 Section 606 . 29.565 (3) of the statutes is repealed.

Note: The text of current s. 29.565 (3) is as follows:

“29.565 (3) The department may promulgate rules for the effective accomplishment of the purposes of this section including the duration of the exhibition season.".

This permissive grant of rule-making authority is unnecessary. The department may promulgate rules under its general rule-making authority.

248,607 Section 607 . 29.566 (title) of the statutes is created to read:

29.566 (title) Collection and deposit of fees.

248,608 Section 608 . 29.57 of the statutes is renumbered 29.621 and amended to read:

29.621 Wildlife refuges. (1) Establishment. The owner or owners of any tract, or contiguous tracts, of land comprising in the aggregate not less than 160 acres located outside the limits of any city or village, may apply to the department for the establishment of said lands the land as a wildlife refuge. The department may thereupon employ such means as it deems wise to inform itself regarding the premises; and if, upon inspection, investigation, hearing, or otherwise, it shall appear to the satisfaction of If the department determines that the establishment of said lands the land as a wildlife refuge will promote the conservation of one or more useful species or varieties native within to this state, it may by order designate and establish the said lands land as a wildlife refuge.

(2) Signs. Within 30 days after the date of such the order the owner or owners of the said lands land shall post or erect signs or notices as required and furnished by the department, proclaiming the establishment of said designating the refuge.

(3) Publication. No such The order shall be is not effective until at least 30 days after the date of its issue; nor unless issuance and until the department has caused notice thereof to be published, as a class 3 notice, under ch. 985, in the county embracing containing the lands. Thereupon the said lands land. The land shall be remain a wildlife refuge, and shall so remain for a period of not less than 5 years, from and after the date of effect stated in said order.

(4) (title) Absolute protection Protection. Except as provided in s. 29.56 29.091, no owner of lands embraced within any such a wildlife refuge, and no other person, may hunt or trap within the boundaries of any wildlife refuge or have in his or her possession or under his or her control therein any gun or rifle in the wildlife refuge a gun, firearm, bow or crossbow, unless the same gun or firearm is unloaded, the bow or crossbow is unstrung and the gun, firearm, bow or crossbow is enclosed within a carrying case. Nothing in this section may prohibit, prevent or interfere with the department, or its wardens, agents or employes, in the destruction of injurious animals.

(5) Animals procured by department. The department may place wild animals within any such wildlife refuge, for the purpose of propagation, wild animals of any species or variety.

248,609 Section 609 . 29.571 (title) and (1) of the statutes are renumbered 29.749 (title) and (1) and amended to read:

29.749 (title) Horicon marsh game preserve, fur farm, hatchery, dams and dam. (1) A wildlife refuge, game preserve and The department shall establish a fur farm shall be established on the Horicon marsh in Dodge county County under the supervision of the department.

248,610 Section 610 . 29.571 (2) and (3) of the statutes are repealed.

Note: Subsection (2) authorizes the DNR to construct a fish hatchery at Horicon marsh. The DNR has not constructed and has no plans for a fish hatchery there.

Subsection (3) authorizes DNR to acquire land for the Horicon marsh. DNR has general land acquisition authority under s. 23.09.

248,611 Section 611. 29.571 (4) of the statutes is renumbered 29.749 (2) and amended to read:

29.749 (2) The department may construct and maintain a dam or dams in or near the city of Horicon, to control and regulate the flood waters on the Rock river River, and to restore the public waters of Rock river River on Horicon marsh to the natural levels existing prior to the private drainage of the same marsh.

248,612 Section 612 . 29.571 (5) of the statutes is repealed.

Note: This provision directs the payment of proceeds from the fur farm at Horicon marsh and all other income from Horicon marsh. Section 25.29 provides that all moneys accruing to the state under ch. 29 are to be deposited in the conservation fund, so this provision is unnecessary.

248,613 Section 613 . 29.572 (title) of the statutes is renumbered 29.863 (title).

248,614 Section 614 . 29.572 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.863 (1) and amended to read:

29.863 (1) No person shall may cause, authorize or permit any lands or waters to be posted with signs of any kind indicating that such the lands or waters are licensed under ss. 29.573 to 29.578 29.865 to 29.871 unless such the lands and waters are in fact so licensed.

248,615 Section 615 . 29.572 (2) and (3) of the statutes are renumbered 29.863 (2) and (3) and amended to read:

29.863 (2) If any such a license under ss. 29.865 to 29.871 expires or lapses and is not renewed, the licensee, landowner or other person having control over such the lands or waters shall remove or cause such the signs to be removed within 45 days after the expiration or termination of such the license.

(3) Applications for the renewal of any a license issued under ss. 29.573 29.865 to 29.578 29.871 shall be filed with the department on or before the expiration date of the license, except that an application for renewal of this type of license may be filed not more than within 45 days after the expiration date if it is accompanied by the late filing fee specified under s. 29.092 (9) (i) 29.563 (9) (b) in addition to the regular license or renewal fee. If application for renewal of a license is not made as required in this subsection or if a license is terminated for any reason, all rights and privileges of the licensee under the license are terminated upon the expiration of the 45-day period provided in this subsection or on the date of termination, whichever occurs first. Thereafter, the lands and waters which were included under the license shall be subject to ss. 29.573 29.865 to 29.578 29.871.

248,616 Section 616 . 29.573 of the statutes is renumbered 29.865 and amended to read:

29.865 (title) Pheasant and quail farms; department control; shooting license. (1) The department may issue pheasant and quail farm licenses for shooting preserves and the releasing, shooting hunting, possession and use of pheasants and quail on pheasant and quail farms if, in the judgment of the department, operations under these licenses will result in a net increase in the supply of pheasants and quail in the state and will otherwise be in the public interest.

(2) No license shall may be granted issued unless the applicant owns or has under lease leases the area land for which the license is granted issued. Boundaries of the area land that is licensed shall be defined and posted as prescribed by the department.

(3) The department shall determine the minimum number of pheasants and quail to be released for shooting purposes hunting on the licensed premises and fix establish the time limits during which said the birds may be hunted.

(4) (a) Until the release of said pheasants and quail shall have been certified to and accepted is approved by the department, it shall be is unlawful to shoot, attempt to shoot or to otherwise take hunt pheasants or quail on the licensed premises licensed under this section, but when said. When the release shall have been certified and accepted is approved by the department, and when such persons are otherwise lawfully entitled to hunt small game, the licensee and such other persons as designated by the licensee designates who are lawfully entitled to hunt small game may hunt on the licensed premises, have in possession, and dispose of such by gift the pheasants or quail by gift.

(b) Each licensee shall keep a correct and complete book record of licensed birds as required by the department on forms furnished by the department. The licensed area premises and records may be inspected by the department or its wardens at any time. Copies of the records under oath and shall be furnished to the department on request.

(c) No pheasant or quail of the approved species licensed shall may be removed from the said licensed premises until there shall have been is securely attached to each bird a seal, the type and design of which shall be designated by the department, and such the seal shall remain attached to said the birds until they are finally prepared for consumption. Such The seal shall be supplied by the department at cost.

(5) Only dead birds which have been killed by shooting shall hunting may be removed from the licensed premises licensed under this section, and it shall be is unlawful to sell or attempt to sell or to buy or attempt to buy any such of these birds.

(6) (a) The department may promulgate such rules as shall be necessary to carry out the intents and purposes of this section, but no rule shall not require that an application or report be notarized.

(b) Any person violating the above provisions subs. (1) to (5) shall forfeit not more than $300.

(7) Any person other than the licensee, agents or persons having permission from or a person authorized by the licensee who are otherwise qualified under this chapter to hunt thereon, who hunts or shoots pheasants or quail upon any lands described in any such license on the licensed premises, is liable to the licensee for all damage which the person does to said preserve or the pheasants, or quail and property thereon, but all actions for such trespass any action to recover damages shall be brought by such the licensee.

Note: The provision that creates liability for damage to the property of a licensed pheasant and quail farm is eliminated, because this liability exists under general principles of law and does not need to be restated. The provision that creates liability for damage resulting from unauthorized hunting of pheasant and quail on a licensed farm is retained, because this provision negates the ability of the unauthorized hunter to argue that the pheasant and quail were the property of the state and could be hunted in the same manner as other animals.

(8) Notwithstanding any other provision of the statutes to the contrary this chapter, no person hunting upon on a licensed shooting preserve pheasant or quail farm may be is required to hold a hunting license for hunting those game species for which the preserve has been licensed under this section.

248,617 Section 617 . 29.574 of the statutes is renumbered 29.867, and 29.867 (1), (2), (3), (3m), (3n), (5), (6) (a) and (c), (6m), (7) and (8), as renumbered, are amended to read:

29.867 (1) The owner or lessee of any lands within the state suitable for the breeding and propagating of game, birds or animals as may be approved by the department shall have the right may, upon complying with this section, to establish, operate and maintain a game bird and animal farm for the purpose of breeding, propagating, killing and selling game birds and game animals on such lands, the acreage and size of which shall be determined by the department. All waterfowl bred, propagated or held on a game bird and animal farm licensed pursuant to this section shall be enclosed within a covered enclosure by the licensee throughout the open season for hunting waterfowl in the state when written or oral notice is given to the licensee as required by the department or its agents.

(2) Such owner or lessee A person desiring to establish, operate and maintain a game bird and animal farm in conformity with this section, shall file with the department a verified declaration, describing the lands which such applicant for a license desires to use for the purpose of breeding and propagating such game birds or animals and setting forth also the title and leasehold of the applicant and the number of acres embraced in said tract an application in the form and with the information required by the department.

(3) Upon the filing of such declaration issuance of the license, the department shall forthwith investigate the same and may require the applicant to produce satisfactory evidence of the facts therein stated. It will be necessary for the licensee to purchase all wild game within the boundaries of the proposed farm of the species designated in the license, and to effect this purpose the department thereupon shall appoint one member person, the applicant licensee shall appoint one member person, and these 2 appointees shall select a 3rd member, the 3 to act as a board to go upon the lands embraced within the proposed license and person, to determine as near accurately as possible the number of wild birds and animals of the desired species thereon on the land at the time of the granting issuing of the license. The necessary expenses of all of the members of such board these persons shall be paid by the licensee. Within 30 days after the date of such the determination as accepted approved by the department, the licensee shall pay to the department a specified sum as may be determined by the department for those species of wild birds or wild and animals on the lands licensed premises that are desired for propagation purposes, the title of which rests is in the state. If upon such examination it appears that the applicant is the owner or lessee of said lands, and the applicant intends in good faith to establish, operate and maintain a game bird and animal farm, the department shall issue a license to the applicant describing such lands, and certifying that the licensee is lawfully entitled to use the same for the breeding, propagating, killing and selling of such game birds and animals thereon according to this section.

(3g) When such license has been granted the payment under sub. (3g) has been made, the licensee shall become the owner of all such game birds or animals thereon of the species licensed and of all of their offspring actually produced thereon and remaining thereon on the licensed premises, subject however to the jurisdiction of the department over all game.

(3m) No game bird and animal farm license shall may be issued after May 24, 1961, other than those already in operation except for those which are already being maintained, for any area less than one-quarter mile from the exterior boundaries of an approved a state or federal wildlife area, public hunting grounds or refuge which is managed in whole or in part for pheasants. All lands under one license shall be contiguous. This section shall not prohibit the licensing of game bird and animal farms within one-quarter mile of approved state or federal wildlife areas, public hunting grounds, or refuges provided such, unless the licensed farms premises are completely enclosed, including an enclosed top of woven wire with mesh not larger than 6 inches as required by the department. All lands under one license shall be contiguous.

(3n) Within 30 days after the date of the issuance of any such a game bird and animal farm license, the licensee shall erect posts or stakes post signs at intervals of not more than 80 rods 440 yards along the boundary of the land embraced in said license, wherever the same is not already enclosed, and shall post and maintain, upon said posts, stakes or other enclosure, notices proclaiming the establishment of licensed premises stating that the premises is a game bird and animal farm. Such notices The signs shall be furnished by the department to the licensee at cost.

(5) Such A game bird and animal farm license shall be is prima facie evidence in all courts and proceedings of the lawful right of the licensee therein named or the licensee's successors or assigns, for during the term of the license, to establish and operate such maintain a game bird and animal farm upon said on the licensed premises, and shall entitle entitles the licensee therein named, or the licensee's successors or assigns, during the term of the license, to the exclusive right for and during said term to breed and propagate such game birds and animals thereon on the licensed premises, and to the exclusive and sole ownership of any property in all such licensed game birds and animals caught or taken therefrom on the licensed premises.

(6) (a) Such The game birds and animals, except waterfowl, may be taken at any time in any manner, subject to s. 29.245 29.314, by persons qualified under this chapter any person who is lawfully entitled to hunt thereon on the licensed premises, except that such a person hunting on the licensed premises is not required to hold a hunting license. Waterfowl may only be taken pursuant to the under rules promulgated by the department and in effect governing the hunting of waterfowl, except that upon written application the department may authorize the taking of hand-reared mallards at any time within the boundaries of a licensed game bird and animal farm in numbers not to exceed those liberated or propagated when it appears to the satisfaction of the department determines that only mallards liberated or propagated by the licensee will be taken on such farm licensed premises. The applicant shall certify to the department that mallards liberated or propagated for shooting hunting were produced and reared in captivity and are more than 2 generations removed from the wild. Hand-reared mallards shall may not be released for shooting hunting purposes unless such the mallards have first been identified as the department directs. Mallards confined to wholly enclosed pens or buildings may be taken within such pens or buildings at any time and in any numbers.

(b) No such game bird or animal or mallards killed on such farm the licensed premises and no live game bird or animal or mallards to be consumed as food shall may be removed therefrom from the premises until there has been securely fastened to each bird or animal a band or tag furnished by the department to the licensee at cost. Such The band or tag shall remain attached to the bird or animal until prepared for consumption. Live birds and animals may be sold or transported. Each container carrying such live birds or animals shall have attached thereto to it a band or tag as set forth above furnished by the department. Live birds or animals acquired from the licensee to be consumed as food shall may not be kept in a live condition alive by any person beyond 48 hours from the time such that the birds or animals were acquired from such the licensee. Correct and complete book records of sales and purchases of live birds and animals disclosing the time and date of such sales and whether or not such live birds and animals were acquired to be consumed as food shall be kept by the licensee. Certified copies of such records shall be furnished by the licensee to the department on request, on forms furnished by the department.

(c) Whenever any such bird or animal shall be from a game bird and animal farm is consumed for food, the band or tag attached to such the bird or animal shall be kept in evidence until such the bird or animal is consumed.

(6m) Notwithstanding any other provision of the statutes to the contrary this chapter, no person hunting upon on a licensed game bird and animal farm shall be is required to hold a hunting license.

(7) Any person other than the licensee, the licensee's bona fide regular employes, or persons having permission from or a person authorized by the licensee , who shall hunt or shoot hunts game birds or animals upon any lands described in any such license, shall be on the licensed premises is liable to the licensee in the sum of $100, in addition to all damage which the person may do to the farm or does to the game birds or animals, and property thereon, but all actions for such trespass any action to recover damages shall be brought by such the licensee.

Note: The provision that creates liability for damage to the property of a licensed game bird and animal farm is eliminated, because this liability exists under general principles of law and does not need to be restated. The provision that creates liability for damage resulting from unauthorized hunting on a licensed game bird and animal farm is retained, because this provision negates the ability of the unauthorized hunter to argue that the game birds and animals were the property of the state and could be hunted in the same manner as other animals.

(8) Each licensee shall keep a correct and complete book record of licensed animals and birds records as required by the department of natural resources on the forms furnished by the department. The licensed area premises and records may be inspected by the department or its wardens at any time. Copies of the records under oath and copies of the records shall be furnished to the department on request.

248,618 Section 618 . 29.575 of the statutes is renumbered 29.869, and 29.869 (1) (intro.) and (c) and (2) to (10), as renumbered, are amended to read:

29.869 (1) (intro.) The owner or lessee of any lands suitable for the breeding and propagating of fur animals may, upon complying with this section, establish, operate and maintain on such lands a fur animal farm, for the purpose of breeding, propagating, trapping and dealing in fur animals. Fur animal farms as licensed under this section shall be of one or more of the following categories as specified in the license:

(c) Mink, except domestic mink as defined in s. 29.579 29.873.

(2) Such owner or lessee A person desiring to establish, operate and maintain a fur animal farm, in conformity with this section, shall file with the department a verified declaration describing the lands which such applicant desires to use for the purpose of breeding and propagating fur animals and setting forth the title or leasehold of the applicant and the number of acres which will be maintained as a fur animal farm. Acres an application in the form and with the information required by the department. The land under one license need not be contiguous.

(3) Upon the filing of such declaration the department shall investigate and may require the applicant to produce satisfactory evidence of the facts stated in the declaration. If it appears that the applicant is the owner or lessee of the lands, the land is suitable for the breeding and propagating of fur animals and that the applicant intends in good faith to establish, operate and maintain a fur animal farm, the department shall issue a license to the applicant. The license shall describe the lands and shall certify that authorize the licensee is entitled to use the same for dealing, breeding, propagating and trapping to breed, propagate, trap and deal in fur animals that are on the land described in the license licensed premises.

(4) Upon issuance of the license, the department shall appoint one person, the applicant licensee shall appoint one person, and these 2 appointees shall select a 3rd person, to enter the lands and determine the number of fur animals thereon on the land at the time of the granting issuing of the license. The necessary expenses of these persons shall be paid by the licensee. Within 10 days after the date of such the determination, the licensee shall pay to the department $2.50 for each beaver, 50 cents for each muskrat, $2.50 for each mink, $2.50 for each otter, $1 for each raccoon, and 50 cents for each skunk so found on such lands the land. Only those animals to be licensed under the fur animal farm are to be paid for. When such payment has been made, the licensee shall become becomes the owner of such the fur animals on said lands the licensed premises and of all of their offspring remaining thereon on the premises. The licensee shall have the right to may manage and control said lands the licensed premises and the licensed fur animals thereon, to on the premises, take the same animals at any time or in any manner, subject to s. 29.245, which the licensee sees fit and deems to the best advantage of the licensee's business 29.314, and to sell and transport at any time said the fur animals or the pelts taken from them.

(6) Within 30 days after the date of the issuance of any such a fur animal farm license, the licensee shall erect posts or stakes post signs at intervals of not more than 80 rods 440 yards along the boundary of the land embraced in the license wherever the lands are not already enclosed, and shall post and maintain upon the posts, stakes or other enclosures notices proclaiming the establishment of licensed premises stating that the premises are a fur animal farm. Such notices The signs shall be furnished by the department to the licensee at cost.

(7) A valid fur animal farm license is prima facie evidence in all courts and proceedings of the right of the licensee, or the licensee's successors or assigns, during the term of the license, to establish and operate maintain a fur animal farm upon on the licensed premises and entitles the licensee, or the licensee's successors or assigns, during the term of the license, to the exclusive right to breed and propagate fur animals upon on the licensed premises and to the exclusive and sole ownership of any property in all fur animals caught or taken on the licensed premises.

(8) Any person, other than the licensee, or agents a person authorized by the licensee, who hunts or traps fur animals upon any lands described in any such license shall be on the licensed premises is liable to the licensee in the sum of $100, in addition to all damage which the person does to the farm or to the fur animals and property, but all actions for such trespass any action to recover damages shall be brought by such the licensee.

Note: The provision that creates liability for damage to the property of a licensed fur farm is eliminated, because this liability exists under general principles of law and does not need to be restated. The provision that creates liability for damage resulting from unauthorized hunting or trapping on a licensed fur farm is retained, because this provision negates the ability of the unauthorized hunter to argue that the animals were the property of the state and could be hunted or trapped in the same manner as other animals.

(9) Each licensee shall keep a correct and complete book record of licensed animals records as required by the department on the forms furnished by the department. The licensed area premises and records may be inspected by the department or deputies at any time. Certified and copies of such the records shall be furnished to the department on request.

(10) Nothing in this section shall be construed to affect affects any public right of hunting, fishing or navigation except as herein expressly provided.

248,619 Section 619 . 29.578 (title) of the statutes is renumbered 29.871 (title).

248,620 Section 620 . 29.578 (1) of the statutes is renumbered 29.871 (1) and amended to read:

29.871 (1) The owner or lessee of any lands within this state suitable for breeding and propagating of deer shall have the right may, upon complying with this section to, establish, operate and maintain a deer farm for the purpose of breeding, propagating, killing and selling deer on such lands, the acreage and size of which shall be determined by the department. Such deer farm must be completely inclosed by a fence. Any.

(4m) Any streams whether meandered or not, flowing into or out of an inclosed enclosed deer farm, and of a swampy, marshy or boggy character and not navigable in fact at all times of the year by ordinary boats or pleasure craft, and which are not of any substantial beneficial use to the public, shall not be considered navigable so as to prevent erection and maintenance over them, of the type of fence prescribed and permitted by this section.

248,621 Section 621 . 29.578 (1m) of the statutes is renumbered 29.871 (1m).