AB864,134,1613
29.529
(5) No person who holds a trammel net license issued under this section
14may operate a fish farm that contains a species of fish that the holder of the license
15is authorized to catch under this section
or under rules promulgated under this
16section.
AB864, s. 491
17Section
491. 29.36 (title) of the statutes is renumbered 29.531 (title).
AB864,134,2320
29.531
(1) A set or bank pole license authorizing the use of not to exceed 5 set
21or bank poles for taking, catching or killing fish in the inland waters of the state
22where the use of setlines is permitted shall be issued subject to s.
29.09 29.024 by the
23department to any resident
applying who applies for
this the license.
AB864,135,2
24(2) No set or bank pole
shall may be used unless there is securely attached
25thereto a metal to the pole a tag stamped with the number of the license
covering the
1same. Tags shall be furnished by the department to the licensee at the time of issuing
2the license.
AB864, s. 493
3Section
493. 29.36 (3) of the statutes is renumbered 29.531 (3).
AB864,135,86
29.531
(4) No person who holds a set or bank pole license may operate a fish
7farm that contains a species of fish that the holder of the license is authorized to catch
8under this section
or under rules promulgated under this section.
AB864, s. 495
9Section
495. 29.37 (title) of the statutes is renumbered 29.533 (title).
AB864,135,1512
29.533
(1) A setline license authorizing the use of setlines and hooks in inland
13waters in the manner determined by the department for taking, catching or killing
14fish shall be issued subject to s.
29.09 29.024 by the department to any resident
15applying for this license.
AB864, s. 497
16Section
497. 29.37 (3) (a) of the statutes is renumbered 29.533 (3) (a) and
17amended to read:
AB864,135,2418
29.533
(3) (a) No person may operate any setline unless he or she has a setline
19license. No person may use a setline unless it is properly tagged. In order to be
20properly tagged a setline is required to be securely attached to a buoy or stake at one
21end, the buoy or stake is required to have attached to it a
metal tag stamped to
22designate the serial number of the setline license covering it and the buoy or stake
23is required to be placed and the tag attached in a manner so the tag is visible above
24the surface of the water.
AB864, s. 499
3Section
499. 29.37 (4) of the statutes is renumbered 29.533 (4).
AB864,136,96
29.533
(5) No person who holds a
set line setline license issued under this
7section may operate a fish farm that contains a kind of fish that the holder of the
8license is authorized to catch under this section
or under rules promulgated under
9this section.
AB864, s. 501
10Section
501. 29.38 of the statutes is renumbered 29.537, and 29.537 (2)
11(intro.), (3) (a) 2., (6) (a) (intro.), 1. and 2. and (b) and (9), as renumbered, are amended
12to read:
AB864,136,1313
29.537
(2) Definitions. (intro.)
As used in In this section:
AB864,136,16
14(3) (a) 2. The person is a licensed clam helper engaged in commercial clam
15shelling while aboard a
vessel boat with the licensed commercial clam sheller whom
16the clam helper is assisting.
AB864,136,20
17(6) (a) (intro.) Except as provided in par. (d), for purposes of enforcement of this
18section
and rules adopted under it, conservation, wardens or department employes
19authorized and designated by the secretary, upon presenting appropriate credentials
20to the licensee or agent in charge, are authorized to do all of the following:
AB864,136,2421
1. Enter any place, building or structure, excluding a dwelling place, in which
22clams or clamming equipment are stored, processed, packed or held and enter any
23vessel boat or vehicle being used to transport clams or clamming equipment when
24the licensee or agent in charge is present or upon 8 hours' notice at other times.
AB864,137,3
12. Inspect places, buildings, structures,
vessels boats or vehicles, all pertinent
2equipment used or stored in the places to be inspected and any clams stored,
3processed, packed or held in the places to be inspected.
AB864,137,64
(b) No licensee, operator of a vehicle or
vessel
boat for the licensee, or employe
5acting on behalf of the licensee may prohibit entry or prohibit an inspection from
6being conducted as authorized under par. (a).
AB864,137,13
7(9) Confidentiality. Upon request in writing by a person who is required by
8department rule to keep a record or submit a report, the department shall keep
9confidential any information on the record or report relating to the value or weight
10of clams bought, sold or bartered by the person or relating to the specific location
11where the clams were taken, killed, collected or removed, except that the information
12may be disclosed in statistical summaries or reports which do not identify the person
13by name or license number and in any enforcement action under s.
29.99 29.971 (1m).
AB864, s. 502
14Section
502. 29.39 of the statutes is renumbered 29.055 and amended to read:
AB864,137,23
1529.055 (title)
Possession during Wild animals; possession in closed
16season or in excess of bag limit. Except as
otherwise expressly provided
in this
17chapter, no person may have in the person's possession or under the person's control,
18or have in storage
or retention for any person, any wild animal
, or
the carcass
or part
19thereof, that was taken during the closed season for that wild animal or that is in
20excess of the bag or possession limit or contrary to the size limits for that wild animal.
21The open and closed seasons and the bag, possession and size limits of the state,
22province or country in which a wild animal was taken shall apply to the wild animal
23or the carcass if it was lawfully killed outside of this state.
AB864, s. 503
24Section
503. 29.395 of the statutes is renumbered 29.057 and amended to
25read:
AB864,138,5
129.057 (title)
Game,
Wild animals; possession in open season. It
shall be 2is unlawful to
have in possession
possess or
under control at any time
a protected
3wild animal or the carcass
or part of the carcass or skin of any protected wild animal
4showing that
the same has been it was taken during the
close closed season for
such 5the protected wild animal.
AB864, s. 504
6Section
504. 29.40 of the statutes is renumbered 29.347, and 29.347 (2), as
7renumbered, is amended to read:
AB864,138,158
29.347
(2) Deer tags. Except as provided under sub. (5) and s.
29.405 29.324 9(3), any person who kills a deer shall immediately attach to the ear or antler of the
10deer a current validated deer carcass tag which is authorized for use on the type of
11deer killed. Except as provided under sub. (2m) or s.
29.578 29.871 (7), (8) or (14),
12no person may possess, control, store or transport a deer carcass unless it is tagged
13as required under this subsection.
The carcass tag may not be removed before
14registration. The removal of a carcass tag from a deer before registration renders the
15deer 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.
AB864, s. 505
16Section
505. Subchapter V (title) of chapter 29 [precedes 29.401] of the
17statutes is created to read:
AB864,138,1818
CHAPTER 29
AB864,138,2019
subchapter V
20
fishing regulation
AB864, s. 506
21Section
506. 29.405 of the statutes is renumbered 29.324, and 29.324 (3), as
22renumbered, is amended to read:
AB864,139,4
129.324
(3) A person who kills a deer under sub. (2) shall ensure that a member
2of his or her group deer hunting party without delay attaches a current validated
3deer carcass tag to the deer in the manner specified under s.
29.40 29.347 (2). The
4person who kills the deer may not leave the deer unattended until after it is tagged.
AB864, s. 507
5Section
507. 29.41 of the statutes is renumbered 29.351, and 29.351 (3), as
6renumbered, is amended to read:
AB864,139,137
29.351
(3) Possess the raw skin of any muskrat, mink, otter, fisher or pine
8marten at any time unless the person is the holder of a
valid scientific collector
9permit, fur dealer license, trapping license or resident conservation patron license
10of current issue. No license is required for a person breeding, raising and producing
11domestic fur-bearing animals in captivity
, as defined in s.
29.579 29.873, or for a
12person authorized to take muskrats on a cranberry marsh under a permit issued to
13the person by the department.
AB864, s. 508
14Section
508. 29.415 of the statutes is renumbered 29.604, and 29.604 (2) (c),
15(3) (a), (5) (a) and (c) and (8), as renumbered, are amended to read:
AB864,139,1816
29.604
(2) (c)
"Wild Notwithstanding s. 29.001 (90), "wild animal" means any
17mammal, fish, wild bird, amphibian, reptile, mollusk, crustacean, or arthropod, or
18any part, products, egg or offspring thereof, or the dead body or parts thereof.
AB864,140,8
19(3) (a) The department shall by rule establish an endangered and threatened
20species list. The list shall consist of 3 parts: wild animals and wild plants on the U.S.
21list of endangered and threatened foreign species; wild animals and wild plants on
22the U.S. list of endangered and threatened native species; and a list of endangered
23and threatened Wisconsin species. Wisconsin endangered species shall be compiled
24by issuing a proposed list of species approaching statewide extirpation. Wisconsin
25threatened species shall be compiled by issuing a proposed list of species which
1appear likely, within the foreseeable future, to become endangered. Issuance of the
2proposed lists shall be followed by solicitation of comments and public hearing. Wild
3animals and wild plants shall be
deemed approaching
considered to be approaching 4statewide extirpation if the department determines, based upon the best scientific
5and commercial data available to it, after consultation with other state game
6directors, federal agencies and other interested persons and organizations, that the
7continued existence of
such these wild animals and wild plants in this state is in
8jeopardy.
AB864,140,17
9(5) (a) 1. Whoever violates sub. (4) (a)
or any rules promulgated under it shall
10forfeit not less than $500 nor more than $2,000. In addition, the court shall order
11the revocation of all hunting approvals issued to the person under this chapter and
12shall prohibit the issuance of any new hunting approvals under this chapter for one
13year. Whoever intentionally violates sub. (4) (a)
or any rules promulgated under it 14shall be fined not less than $2,000 nor more than $5,000 or imprisoned for not more
15than 9 months or both. In addition, the court shall order the revocation of all hunting
16approvals issued to the person under this chapter and shall prohibit the issuance of
17any new hunting approvals under this chapter for 3 years.
AB864,140,2118
2. Whoever violates sub. (4) (b) or (c)
or any rules promulgated under those
19paragraphs shall forfeit not more than $1,000. Whoever intentionally violates sub.
20(4) (b) or (c)
or any rules promulgated under those paragraphs shall be fined not more
21than $1,000 or imprisoned for not more than 9 months or both.
AB864,141,322
(c) Goods, merchandise, wild animals, wild plants or records seized under par.
23(b) shall be held by an officer or agent of the department pending disposition of court
24proceedings and
thereafter shall be forfeited to the state for destruction or
25disposition as the department
deems determines to be appropriate. Prior to
1forfeiture, the department may direct the transfer of wild animals or wild plants so
2seized to a qualified zoological, educational or scientific institution or qualified
3private propagator for safekeeping with costs assessable to the defendant.
AB864,141,5
4(8) Exemptions. This section
shall does not apply to zoological societies
, or 5municipal zoos, or
to their officers or employes
thereof.
AB864, s. 509
6Section
509. 29.42 (title) of the statutes is renumbered 29.354 (title).
AB864, s. 510
7Section
510. 29.42 (1), (2) and (3) of the statutes are renumbered 29.354 (1),
8(2) and (3) and amended to read:
AB864,141,139
29.354
(1) Approval necessary. No person, except a person who
is issued has 10a valid hunting license, sports license,
a conservation patron license, taxidermist
11permit or scientific collector permit and who is carrying this approval on his or her
12person, may possess or have under his or her control any game bird, animal or the
13carcass of any game bird or animal.
AB864,141,17
14(2) Nests and eggs. No person, except a person who
is issued has a valid
15scientific collector permit, may take, needlessly destroy or possess or have under his
16or her control the nest or eggs of any wild bird for which a closed season is prescribed
17under this chapter.
AB864,141,20
18(3) Mounted collections. This section
shall does not permit seizure of
nor or 19prohibit possession or sale of lawfully obtained wild birds and animals which are
20mounted or in the process of being mounted for a private collection.
AB864, s. 512
23Section
512. 29.425 (title) and (1) to (3) of the statutes are renumbered 29.853
24(title) and (1) to (3), and 29.853 (2) (a) and (3) (a), as renumbered, are amended to
25read:
AB864,142,4
129.853
(2) (a)
Restrictions. No person may possess any live game animal or
2fur-bearing animal unless authorized under s.
29.55, 29.572, 29.574, 29.575, 29.578 329.857, 29.863, 29.867, 29.869, 29.871 or
29.585 29.877 except to control an animal
4temporarily.
AB864,142,9
5(3) (a)
Restrictions. No person may sell any live game animal or fur-bearing
6animal unless authorized under s.
29.55, 29.572, 29.574, 29.575, 29.578 29.857,
729.863, 29.867, 29.869, 29.871 or
29.585 29.877 and unless the purchaser is also
8authorized under one of those sections and presents evidence of that authorization
9to the seller.
AB864, s. 513
10Section
513. 29.425 (4) of the statutes is renumbered 29.334 and amended to
11read:
AB864,142,16
1229.334 (title)
Hunting and trapping; treatment of animals. A person who
13hunts or traps any game animal or fur-bearing animal shall kill the animal when
14it is taken and make it part of the daily bag or shall release the animal unless
15authorized under s.
29.55, 29.572, 29.574, 29.575, 29.578 29.857, 29.863, 28.867,
1629.869, 29.871 or
29.585 29.877.
AB864, s. 514
17Section
514. 29.425 (4m) and (5) of the statutes are renumbered 29.853 (4m)
18and (5).
AB864, s. 515
19Section
515. 29.427 of the statutes is renumbered 29.855, and 29.855 (1) (b)
20and (c), (2) (a) and (b), (3) (a) to (c), (4) and (6), as renumbered, are amended to read:
AB864,142,2221
29.855
(1) (b) "Domestic skunk" means a skunk raised on a fur animal farm
22licensed under s.
29.575 29.869.
AB864,142,2323
(c) "Possess" has the meaning designated under s.
29.425 29.853 (1) (b).
AB864,143,3
1(2) (a)
Restrictions on possession of wild skunks. No person may possess any
2live wild skunk unless authorized under s.
29.55
29.857 except to control the skunk
3temporarily.
AB864,143,64
(b)
Restrictions on possession of domestic skunks. No person may possess any
5live domestic skunk unless authorized under s.
29.55
29.857 or
29.575 29.869 except
6to control the skunk temporarily.
AB864,143,9
7(3) (a)
Restrictions on sale of wild skunks. No person may sell any live wild
8skunk unless authorized under s.
29.55 29.857 and unless the person to whom the
9skunk is sold is also authorized under s.
29.55 29.857.
AB864,143,1310
(b)
Restrictions on sale of domestic skunks. No person may sell any live
11domestic skunk unless authorized under s.
29.55 29.857 or
29.575 29.869 and unless
12the purchaser is also authorized under one of those sections and presents evidence
13of that authorization to the seller.
AB864,143,1514
(c)
Record. A person who sells any live skunk shall keep a record of the sale
15as required under s.
29.425 29.853 (3) (b).
AB864,143,20
16(4) Descenting. No person may operate on a live wild skunk to remove its scent
17glands unless the person who possesses the skunk is authorized under s.
29.55 1829.857 or 29.869. A veterinarian to whom a person brings a live wild skunk for
19removal of its scent glands or for other treatment shall notify that person that
20possession 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.
AB864,144,2
21(6) Destruction. A person may kill at any time a wild skunk which is a
22nuisance to activities authorized under s.
29.55, 29.572, 29.574, 29.575, 29.578
129.857, 29.863, 29.867, 29.869, 29.871 or
29.585 29.877. A person who kills an adult
2wild skunk with young shall attempt to kill the young skunks.
AB864, s. 516
3Section
516. 29.43 (title), (1) to (4) and (5) (title) and (a) of the statutes are
4renumbered 29.357 (title), (1) to (4) and (5) (title) and (a), and 29.357 (1) to (4) and
5(5) (a), as renumbered, are amended to read:
AB864,144,146
29.357
(1) (title)
During close closed season. Except as otherwise expressly
7provided
, it shall be unlawful for any in this chapter, no person
to may transport or
8cause to be transported, or deliver or receive or offer to deliver or receive for
9transportation, any game or game fish or carcass
or part thereof at any time other
10than during the open season
therefor for the game or game fish and 3 days thereafter.
11Whenever any game or game fish or carcass
or part thereof is offered to any person
12for transportation at any time other than during the open season therefor and 3 days
13thereafter,
such the person shall
forthwith immediately notify the department or its
14wardens
, stating full particulars of such of the offer and by whom made.
AB864,144,17
15(2) Trunks; valises. No person
shall may carry or control in any trunk, valise,
16or other package or enclosure, at any time on any common carrier, any game or game
17fish, or carcass
or part thereof.
AB864,144,21
18(3) Transportation employes. No employe of any railroad, express or other
19transportation company, and no steward, porter or other employe of any dining,
20parlor or sleeping car
shall may have possession or control of, at any time while on
21duty, any game or game fish, or carcass
or part thereof.
AB864,145,7
22(4) Labeling game shipments. No person shall transport or cause to be
23transported, or deliver or receive for transportation, any package or parcel
24containing any wild animal or carcass
or part thereof, unless the
same package or
25parcel is labeled in plain letters on the address side of
such the package or parcel
so
1as to disclose with the name and address of the consignor, the name and address of
2the consignee, and the number of pounds of each kind of fish or the number of each
3variety of other wild animals; or carcasses
, or parts thereof, contained
therein in the
4package or parcel; and unless the consignor is the owner of
such the shipment and
5shall deliver delivers to the common carrier
therewith with the package or parcel,
6either personally, or by agent, a writing signed by the consignor personally, stating
7that the consignor is the owner of the shipment.
AB864,145,11
8(5) (a) Subsections (1) to (4) do not apply to a person who
is issued has a valid
9taxidermist permit and who possesses, transports, causes to be transported, delivers
10or receives, or offers to deliver or receive
, a wild animal carcass in connection with
11his or her business.
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.
AB864, s. 518
14Section
518. 29.44 (title) of the statutes is renumbered 29.047 (title).
AB864, s. 519
15Section
519. 29.44 (1) of the statutes is repealed.
AB864, s. 520
16Section
520. 29.44 (2) of the statutes is renumbered 29.047 (2) (a) and
17amended to read:
AB864,145,2118
29.047
(2) (a)
Subsection (1) does not apply to a A person who
is issued
has a
19valid taxidermist permit and who possesses, transports, causes to be transported,
20delivers or receives, or offers to deliver or receive
, a wild animal carcass in connection
21with his or her business.
AB864,146,43
29.047
(2) (b)
Subsection (1) does not apply to the The possession,
4transportation, delivery or receipt of farm-raised deer or farm-raised fish.
AB864, s. 522
5Section
522. 29.45 of the statutes is renumbered 29.361, and 29.361 (5), as
6renumbered, is amended to read:
AB864,146,97
29.361
(5) This section does not apply to a person who
is issued has a valid
8taxidermist permit and who is transporting, attempting to transport or receiving the
9carcass of a deer in connection with his or her business.
AB864, s. 523
10Section
523. 29.46 of the statutes is renumbered 29.364, and 29.364 (1) to (3)
11and (5), as renumbered, are amended to read:
AB864,146,1412
29.364
(1) Transportation. No common carrier
shall may receive for
13transportation or transport or attempt to transport any game bird
, or carcass
or part
14thereof of a game bird except as provided in this section.
AB864,146,18
15(2) Residents. Any
duly licensed resident
who has all of the required hunting
16approvals may transport in the resident's personal possession the legal daily bag
17limit or possession limit of any game birds for which an open season has been
18provided to any point within the state.