1997 Wisconsin Act 248

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248,527 Section 527 . 29.47 (2) (a) and (b) of the statutes are repealed.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These provisions are deleted because they have been superseded by the wholesale fish dealer law and are no longer used.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).

248,546 Section 546 . 29.49 (title) of the statutes is renumbered 29.541 (title).

248,547 Section 547 . 29.49 (1) (title) of the statutes is renumbered 29.541 (1) (title) and amended to read:

29.541 (1) (title) Restaurants, etc. Prohibition.

248,548 Section 548 . 29.49 (1) (a) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.541 (1) (a) (intro.) and amended to read:

29.541 (1) (a) (intro.) 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 its guests or boarders thereof any of the following:

248,549 Section 549 . 29.49 (1) (a) 1. of the statutes is renumbered 29.541 (1) (a) 1. and amended to read:

29.541 (1) (a) 1. The meat of any deer, bear, squirrel, game bird or game fish taken from inland waters at any time; or.

248,550 Section 550 . 29.49 (1) (a) 2. of the statutes is renumbered 29.541 (1) (a) 2. and amended to read:

29.541 (1) (a) 2. The meat of any other game or other wild animal, or carcass or part thereof not listed in subd. 1., during the closed season therefor for the wild animal, whether such the meat is of animals a wild animal lawfully or unlawfully taken within or without the state.

248,551 Section 551 . 29.49 (1) (b) of the statutes is renumbered 29.541 (1) (b).

248,552 Section 552 . 29.49 (2) of the statutes is renumbered 29.541 (2) and amended to read:

29.541 (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 is embraced within the prohibitions thereof of sub. (1).

248,553 Section 553 . 29.49 (3) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.541 (3).

248,554 Section 554. 29.50 of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.701, and 29.701 (1) (b), as renumbered, is amended to read:

29.701 (1) (b) The removal of fish which have died from natural causes or the removal of deleterious detrimental or rough fish by or as authorized by the department as authorized under this chapter.

248,555 Section 555 . Subchapter VI (title) of chapter 29 [precedes 29.501] of the statutes is created to read:

chapter 29

subchapter vi
commercial activities

248,556 Section 556 . 29.503 (2) (b) of the statutes is created to read:

29.503 (2) (b) No producer of fish who holds a commercial fishing license or contract under this chapter shall be required to obtain a license to sell the fish that he or she produces.

248,557 Section 557 . 29.51 (title) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.705 (title).

248,558 Section 558 . 29.51 (1) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.709 (intro.) and amended to read:

29.709 State fish hatcheries. (intro.) The department shall have general charge may operate state fish hatcheries and may do all of the following matters for operating state fish hatcheries, and all necessary powers therefor, namely:

248,559 Section 559 . 29.51 (1) (a), (b) and (c) of the statutes are renumbered 29.709 (1), (2), (3) and amended to read:

29.709 (1) The propagation and breeding of Breed and propagate fish of such species and varieties as they deem it determines to be of value.

(2) The collection and diffusion of useful Distribute information in regard to regarding the propagation and conservation of fish.

(3) The government and control, care, supply, and repair of Manage 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.

248,560 Section 560 . 29.51 (1) (d) of the statutes is repealed.

Note: The current text of s. 29.51 (1) (d) establishes some of the authority of the DNR with respect to state fish hatcheries, as follows:

“29.51 (1) (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."

The DNR has sufficient authority to acquire fish hatcheries under s. 23.09 (2) (d) 4.

248,561 Section 561 . 29.51 (1) (e) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.709 (4) and amended to read:

29.709 (4) Subject to s. 95.60, the receiving receive from the U.S. commissioners of fisheries, from the commissioners of fisheries of other states or from other persons of any person all fish eggs or fish donated to the state or purchased, and in the most practical ways, by exchange or otherwise, to procure, receive, exchange, distribute and dispose of fish eggs 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.

248,562 Section 562 . 29.51 (1) (f) of the statutes is repealed.

Note: The current text of s. 29.51 (1) (f) establishes a portion of the authority of the DNR with respect to state fish hatcheries, as follows:

“29.51 (1) (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."

These functions are part of normal DNR fiscal and property management and need not be stated in the statutes.

248,563 Section 563 . 29.51 (2) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.705 (1) and amended to read:

29.705 (1) Transplantation of fish. The department may take or cause authorize 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 an employe or agent of the department or its wardens. This The permit shall specify the kinds of fish that may be taken and the manner in which they may be taken.

248,564 Section 564 . 29.51 (3) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.705 (3) and amended to read:

29.705 (3) Delivery of fish eggs. 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 agent any fish , during the spawning season, for the purpose of being stripped of their eggs and milt; and the person receiving them. The department or its agent shall, immediately after having stripped the fish, return them to the person from whom received. Any such person shall permit the The department, or its wardens, or authorized agents to agent may enter any boats, docks, grounds or other places where such the fish may be, for the purpose of stripping the same them while alive, and the person possessing the fish shall render such any assistance as that may be necessary to expedite the work of mixing the eggs and milt for proper impregnation.

248,565 Section 565 . 29.51 (3m) (title) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 29.705 (4) (title).

248,566 Section 566 . 29.51 (3m) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.705 (4) (a).

248,567 Section 567 . 29.51 (3m) (b) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 29.705 (4) (b).

248,568 Section 568 . 29.51 (4) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.705 (5) and amended to read:

29.705 (5) Removal of fish eggs or fish from state. No person may remove any fish eggs or live fish from this state except as authorized by law, unless or pursuant to a permit therefor has been issued to the person by the department. This subsection does not apply to farm-raised fish or eggs from farm-raised fish.