29.01(6)
(6) "Game animals" includes deer, moose, elk, bear, rabbits, squirrels, fox and raccoon.
29.01(7)
(7) "Game birds" includes the following aquatic birds: Wild geese, brant, wild ducks, wild swan, rails, coots, gallinules, jacksnipe, woodcock, plovers and sandpipers; the following upland birds: ruffed grouse (partridge), pinnated grouse (prairie chicken), sharp-tailed grouse, pheasants, Hungarian partridge, Chukar partridge, bobwhite, quail, California quail and wild turkey.
29.01(8)
(8) "Hunt" or "hunting" includes shooting, shooting at, pursuing, taking, catching or killing any wild animal or animals, except that for the purposes of
ss. 29.1085,
29.109 and
29.114, "hunt" or "hunting" does not include shooting, shooting at, taking, catching or killing any bear.
29.01(9)
(9) "Inland waters" means all waters not classified as outlying waters, including the bays, bayous and sloughs of the Mississippi river bottoms.
29.01(9m)
(9m) "Licensed boat" means a boat, other than an attending boat, included under a commercial fishing license.
29.01(10)
(10) "Nongame species" means any species of wild animal not classified as a game fish, game animal, game bird or fur-bearing animal.
29.01(11)
(11) "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.
29.01(11m)
(11m) "Registered boat" means a boat having a valid certificate of number issued under
s. 30.51.
29.01(12)
(12) "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.
29.01(12m)
(12m) "Resident senior citizen" means a resident who has attained the age of 65 years.
29.01(13)
(13) "Trapping" includes the taking, or the attempting to take, of any wild animal by means of setting or operating any device, mechanism or contraption that is designed, built or made to close upon, hold fast, or otherwise capture a wild animal or animals. When the word "trap" is used as a verb, it shall have the same meaning as the word "trapping" as defined herein.
29.01(14)
(14) "Wild animal" means any mammal, bird, fish, or other creature of a wild nature endowed with sensation and the power of voluntary motion.
29.015(1)(1) Whenever the hereinafter named bays and harbors are mentioned in this chapter, the following description for the same shall apply:
29.015(1)(a)
(a) That body of water known as Moonlight bay lying north and west of a line commencing at the most northeast point in section 15, township 30 north, range 28 east, and running in a straight line northeasterly to the most southerly point in section 14, same township and range.
29.015(1)(b)
(b) That body of water known as Jackson harbor lying south and west of a line commencing at the most northerly point in section 27, township 34 north, range 30 east, and running in a straight line northwesterly to the most easterly point in the northeast quarter of section 28, same township and range.
29.015(1)(c)
(c) That body of water known as Bailey's harbor lying north of a line commencing at the most southerly point in section 21, township 30 north, range 28 east, and running in a straight line westerly to the south line of section 20, same township and range.
29.015(1)(d)
(d) That body of water known as Washington harbor lying south of a line commencing at the water's edge on the north line of section 26, township 34 north, range 29 east, and running in a straight line easterly to the water's edge on the north line of section 25, same township and range.
29.015(1)(e)
(e) That body of water known as Eagle harbor lying south and east of a line drawn from the most northeast point in section 9, township 31 north, range 27 east, easterly to the water's edge on the north line of section 12, same township and range.
29.015(1)(f)
(f) That body of water known as Egg harbor lying south of a line commencing at the most northeast point in section 26, township 30 north, range 26 east, and running in a straight line east to the north line of section 25, same township and range.
29.015(1)(g)
(g) That body of water known as North bay lying north of a line commencing at the most northeast point in section 35, township 31 north, range 28 east, and running in a straight line to the west line of section 25, same township and range.
29.015(1)(h)
(h) That body of water known as Fish Creek harbor lying south and east of a line commencing at the most northerly point in the southwest quarter of section 29, township 31 north, range 27 east, and running northeasterly in a straight line to the water's edge on north line of said section, township and range.
29.015(1)(i)
(i) That body of water known as Detroit harbor lying north of a line commencing at the most southerly point in section 14, township 33 north, range 29 east, and running in a straight line to the most southerly point in section 18, township 33 north, range 30 east.
29.015(1)(j)
(j) That body of water known as Sturgeon bay 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.
29.015(1)(k)
(k) That body of water known as Little Sturgeon bay lying south of a line commencing at the most northeast point in section 35, township 28 north, range 24 east, and running in a northeasterly direction to the most northerly point in section 36, same township and range.
29.015(1)(L)
(L) That body of water known as Rowley's bay lying north of a line commencing at the water's edge on south line of section 26, township 32 north, range 28 east, and running east to the most southerly point in section 32, same township and range.
29.015(1)(m)
(m) That body of water known as Riley's bay lying south of a line commencing at the most northerly point in section 36, township 28 north, range 24 east, and running in a northeasterly direction to the most northerly point in section 30, township 28 north, range 25 east.
29.015(1)(n)
(n) That body of water known as Allouez bay lying south of a line commencing at the most northerly point in section 29, township 49 north, range 13 west, and running due east in a straight line to the water's edge on north line of section 28, same township and range.
29.015(1)(o)
(o) All that body of water known as Superior bay lying south and east between Minnesota point and the main land of Douglas county extending from a line drawn from the most southerly point in section 20, township 49 north, range 13 west, to the most northerly point in section 29, same township and range.
29.015(1)(p)
(p) All that body of water known as St. Louis bay lying between a line commencing at the most northerly point of section 10, township 49 north, range 14 west, running due north to the Minnesota boundary, and the north line of sections 20 and 21, running due west to the Minnesota boundary.
29.015(1)(q)
(q) All that body of water known as West Harbor and adjoining water in sections 2, 10 and 11, township 33 north, range 29 east, lying east of a line starting at the most northwesterly point of land in section 10 of township 33 north, range 29 east, and running in a northerly direction to the most northwesterly point of land in section 2, township 33 north, range 29 east.
29.02
29.02
Title to wild animals. 29.02(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 thereof.
29.02(2)
(2) The legal title to any such wild animal, or carcass or part thereof, taken or reduced to possession in violation of this chapter, remains in the state; and the title to any such wild animal, or carcass or part thereof, 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 such wild animal, or carcass or part thereof, by the holder of such title, the same shall revert, as a result of the violation, to the state. In either case, any such wild animal, or carcass or part thereof, may be seized forthwith, wherever found, by the department or its wardens.
29.02(3)
(3) This section shall not permit seizure of nor 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.
29.02(3m)
(3m) This section does not permit the seizure by the department, or prohibit the possession or sale, of farm-raised deer.
29.025
29.025
Hunting, trapping and fishing by American Indians. American Indians hunting, trapping or fishing off Indian reservation lands are subject to this chapter.
29.025 History
History: 1983 a. 27.
29.03
29.03
Public nuisances. The following are declared public nuisances:
29.03(1)
(1) Any unlicensed net of any kind, or other unlicensed device, trap, or contrivance for fishing; or any licensed net or other device, trap or contrivance for fishing set, placed, or found in any waters where the same is prohibited to be used, or in a manner prohibited by law.
29.03(2)
(2) Any unlicensed setline, cable, rope, or line, with more than one fish line attached thereto; or any licensed setline set, placed, or found in any waters where the same is prohibited to be used, or in a manner prohibited by law; or any fish line left in the water unattended, whether having one or more hooks attached.
29.03(2m)
(2m) Any long tunnel pound net or similar entrapping net other than the legal fyke net, drop net, submarine trap net and the short tunnel pound net whenever found in outlying waters or on any vessel, dock, pier, wharf or in any building or vehicle on or adjacent to such waters. Any such contraband nets so found shall be deemed sufficient evidence of the use of such nets by the owner thereof.
29.03(3)
(3) Any screen set in public waters to prevent the free passage of fish, or set in any stream which has been stocked by state authorities unless authorized by the department.
29.03(4)
(4) Any building, inclosure, structure, or shelter placed, occupied, or used on the ice of any waters in violation of this chapter.
29.03(5)
(5) Any unlicensed trap, snare, spring gun, set gun, net or other device or contrivance which might entrap, ensnare, or kill game; or any trap without a metal tag attached as required by law.
29.03(6)
(6) Any boat, together with its machinery, sails, tackle and equipment, or any lamp, light, gun, pivot gun, swivel gun, or other firearm used in violation of this chapter or
s. 167.31; or any boat, floating raft, box, or blind set in open water and used in hunting game birds.
29.03(7)
(7) Any decoys left in the water unattended.
29.03(8)
(8) Any dog found running deer, except farm-raised deer, at any time, or used in violation of this chapter.
29.03(9)
(9) Any ferret, rat, weasel, or guinea pig in possession or used while hunting.
29.03(10)
(10) Any blind used in hunting waterfowl in violation of
s. 29.27.
29.03(11)
(11) Any vehicle, as defined in
s. 939.22 (44), remote sensing equipment, navigational device, survey equipment, scuba gear or other equipment or device used in the commission of a crime relating to a submerged cultural resource in violation of
s. 44.47.
29.05
29.05
Police powers; searches; seizures. 29.05(1)
(1)
Warrants, arrests. The department and its wardens may execute and serve warrants and processes issued under any law enumerated in
ss. 23.50 (1),
167.31,
346.19,
940.24,
941.20,
948.60,
948.605 and
948.61 in the same manner as any constable may serve and execute the process; and may arrest, with or without a warrant, any person detected in the actual violation, or whom the officer has probable cause to believe is guilty of a violation of any of the laws cited in this subsection, whether the violation is punishable by criminal penalties or civil forfeiture, and may take the person before any court in the county where the offense was committed and make a proper complaint. For the purpose of enforcing any of the laws cited in this subsection, any such officer may stop and board any boat and stop any automobile, snowmobile or other vehicle, if the officer reasonably suspects there is a violation of those sections.
29.05(1d)
(1d) Warrants, arrests; field archaeology. The department and any of its wardens may execute and serve warrants and processes issued for violations of
s. 44.47 occurring on the bed of any stream or lake in the same manner as any constable may serve and execute such process; and may arrest a person, with or without a warrant, who is detected committing such a violation, or whom the warden has probable cause to believe is guilty of a violation of
s. 44.47, and may take the person before any court in the county where the violation was committed and make proper complaint. For the purpose of enforcing
s. 44.47, any warden may stop and board any boat and stop any automobile, snowmobile or other vehicle, if the warden reasonably suspects that there is a violation of
s. 44.47.
29.05(1m)
(1m) Warrants, arrests; harassment. The department and its wardens may execute and serve warrants and processes issued for violations of
s. 947.013 (1m) (b) if the victim of the harassment is intentionally selected because of the victim's race in the same manner as any constable may serve and execute the process; and may arrest, with or without a warrant, any person detected in the actual violation, or whom the warden has probable cause to believe guilty of a violation of
s. 947.013 (1m) (b), whether the violation is punishable by criminal penalties or civil forfeiture and may take the person before any court in the county where the offense was committed and make a proper complaint. For the purpose of enforcing
s. 947.013 (1m) (b), any warden may stop and board any boat and stop any automobile, snowmobile or other vehicle, if the warden reasonably suspects there is a violation of
s. 947.013 (1m).
29.05(1v)
(1v) Warrants, arrests; tribal code enforcement. If a federally recognized American Indian tribe or band consents to the enforcement of its conservation code by the department or if a federal court order authorizes or directs such enforcement, the department and its wardens may execute and serve warrants and processes issued for violations of the tribe's or band's conservation code that occur outside the exterior boundaries of American Indian reservations; and may arrest a person, with or without a warrant, who is detected committing such a violation, or whom the warden has probable cause to believe is guilty of such a violation, and may take the person before the tribal court of appropriate jurisdiction and make proper complaint. For the purpose of enforcing a tribe's or band's conservation code, any warden may stop and board any boat and may stop any automobile, snowmobile or other vehicle, if the warden reasonably suspects there is a violation of such a conservation code.
29.05(2)
(2) Additional arrest powers. In addition to the arrest powers under
sub. (1), a conservation warden who has completed a program of law enforcement training approved by the law enforcement standards board, has been certified as qualified to be a law enforcement officer under
s. 165.85 (4) (b) 1. and has complied with any applicable requirements under
s. 165.85 (4) (bn) 1. while on duty and in uniform or on duty and upon display of proper credentials may assist another law enforcement agency as defined under
s. 165.83 (1) (b) including making an arrest at the request of the agency, may arrest a person pursuant to an arrest warrant concerning the commission of a felony or may arrest a person who has committed a crime in the presence of the warden. If the conservation warden makes an arrest without the presence of another law enforcement agency, the conservation warden shall cause the person arrested to be delivered to the chief of police or sheriff in the jurisdiction where the arrest is made, along with the documents and reports pertaining to the arrest. The conservation warden shall be available as a witness for the state. A conservation warden may not conduct investigations for violations of state law except as authorized in
sub. (3) and
ss. 23.11 (4) and
41.41 (12). A conservation warden acting under the authority of this subsection is considered an employe of the department and is subject to its direction, benefits and legal protection. The authority granted in this section does not apply to county conservation wardens or special conservation wardens.
29.05(3)
(3) Investigations. Such officers shall, upon receiving notice or information of the violation of any laws cited in
sub. (1), as soon as possible make a thorough investigation thereof, and cause proceedings to be instituted if the proofs at hand warrant it.
29.05(4)
(4) Driving without headlights. In the performance of their law enforcement duties under this chapter, duly authorized wardens may operate vehicles owned or leased by the department upon a highway, other than an interstate, a state trunk highway or any highway within the limits of any incorporated area, during hours of darkness without lighted headlamps, tail lamps or clearance lamps, contrary to
s. 347.06, if the driving will aid in the accomplishment of a lawful arrest for violation of this chapter or rules promulgated under this chapter or in ascertaining whether a violation of this chapter or rules promulgated under this chapter has been or is about to be committed. Any civil action or proceeding brought against any warden operating a motor vehicle under this subsection is subject to
ss. 893.82 and
895.46.
29.05(5)
(5) Opening packages. The department and its wardens may examine and open any package in the possession of a common carrier which they have probable cause to believe contains wild animals in violation of this chapter, or carcasses or parts thereof, or is falsely labeled in violation of this chapter; and every such common carrier, and every agent, servant, or employe thereof, shall permit any such officer to examine and open any such package. Any package so opened shall be restored to its original condition.
29.05(6)
(6) Access to storage places. For purposes of enforcing this chapter, the department and its wardens shall be permitted by the owner or occupant of any cold storage warehouse or building used for the storage or retention of wild animals, or carcasses or parts thereof, to enter and examine said premises subject to
ss. 66.122 and
66.123; and the owner or occupant, or the agent, servant, or employe of the owner, shall deliver to any such officer any wild animal, or carcass or part thereof, in his or her possession during the closed season therefor, whether taken within or without the state.
29.05(6m)
(6m) Access to private land. For purposes of this chapter, the department may, after making reasonable efforts to notify the owner or occupant, enter upon private lands to retrieve, diagnose or otherwise determine if there are dead or diseased wild animals upon those lands, and take actions reasonably necessary to prevent the spread of contagious disease in the wild animals.
29.05(7)
(7) Seizure and confiscation of game, or game fish. They shall seize and confiscate in the name of the state any wild animal, or carcass or part thereof, caught, killed, taken, had in possession or under control, sold or transported in violation of this chapter; and any such officer may, with or without warrant, open, enter and examine all buildings, camps, vessels or boats in inland or outlying waters, wagons, automobiles or other vehicles, cars, stages, tents, suit cases, valises, packages, and other receptacles and places where the officer has probable cause to believe that wild animals, taken or held in violation of this chapter, are to be found.
29.05(8)
(8) Seizure and confiscation of apparatus, etc.; sale of perishable property. 29.05(8)(a)(a) The department and its wardens shall seize and hold subject to the order of the court for the county in which the alleged offense was committed, any apparatus, appliance, equipment, vehicle or device, declared by this chapter to be a public nuisance, which they have probable cause to believe is being used in violation of this chapter, an administrative rule promulgated under this chapter or
s. 167.31,
287.81,
940.24,
941.20,
948.60,
948.605 or
948.61 or is being used in the commission of a crime relating to a submerged cultural resource in violation of
s. 44.47. If it is proven that within 6 months previous to the seizure the apparatus, appliance, equipment, vehicle or device was used in violation of this chapter or an administrative rule promulgated under this chapter or
s. 167.31,
287.81,
940.24,
941.20,
948.60,
948.605 or
948.61 or was used in the commission of a crime relating to a submerged cultural resource in violation of
s. 44.47, it shall be confiscated if the court directs in its order for judgment.
29.05(8)(b)
(b) Any perishable property seized by the department or its wardens may be sold at the highest available price, and the proceeds of the sale turned into court to await disposition of the proceeds as the court directs. A conservation warden or other officers charged with the enforcement of the laws dealing with the conservation of the natural resources of the state may kill a dog found running, injuring, causing injury to, or killing any deer, other than farm-raised deer, or destroying game birds, their eggs or nests, if immediate action is necessary to protect the deer or game birds, their nests or eggs, from injury or death.
29.05(9)
(9) Entire shipment affected. Confiscation of any part of a shipment under this section shall include the entire shipment.
29.05(10)
(10) Exemption from liability. Members of the natural resources board, and each warden, in the performance of official duties, shall be exempt from any and all liability to any person for acts done or permitted or property destroyed by authority of law. In any action brought against any board member or warden involving any official action the district attorney of the county in which the action is commenced shall represent such board member or warden. No taxable costs or attorney fees shall be allowed to either party in said action.
29.05 History
History: 1971 c. 40,
42,
164;
1971 c. 211 s.
126;
1971 c. 277;
1973 c. 198;
1975 c. 365;
1977 c. 425,
449;
1979 c. 221,
289;
1981 c. 98,
285;
1983 a. 27 s.
2202 (32);
1983 a. 451;
1985 a. 36 s.
27;
1985 a. 135;
1987 a. 332 s.
64;
1989 a. 31,
335,
336;
1991 a. 17,
39,
194,
1991 a. 269 ss.
183r,
184;
1993 a. 169,
349;
1995 a. 27,
79,
227,
417.
29.05 Annotation
A game warden who kills a dog which he believes is wounding or worrying a domestic animal is not exempt from liability under 29.05 (9), Stats. 1967, under all circumstances. Munyon v. Moe, 46 W (2d) 629, 176 NW (2d) 324.
29.06
29.06
Sale of confiscated game and apparatus. 29.06(1)(a)(a) All wild animals, or carcasses or parts thereof, that are confiscated by the department and all confiscated apparatus, appliances, equipment, vehicles or devices shall, if not destroyed as authorized by law, be sold at the highest price obtainable, by the department or its wardens, or by an agent on commission under the written authority and supervision of the department. The net proceeds of [the] all sales under this subsection, after deducting the expense of seizure and sale and any commissions and any amounts owing to holders of security interests under
par. (b) or
(c), shall be promptly remitted, by the warden by whom or under whose authority and supervision the sales are made, to the department. The remittance shall be accompanied by a complete and certified report of the sales made under this subsection, supported by proper vouchers covering all deductions made for expenses and commissions, and shall be filed with the department.
29.06(1)(b)
(b) Of the remittance from the sales of confiscated apparatus, appliances, equipment, vehicles or devices, 18% shall be paid into the conservation fund to reimburse it for expenses incurred in seizure and sale, and the remaining 82% shall be paid into the common school fund.
29.06(1)(c)1.1. In the case of the sale of a confiscated motor vehicle [the proves to to the the], the department shall make a reasonable effort, within 10 days after seizure, to ascertain if a security interest in the seized motor vehicle exists. The department shall, within 10 days after obtaining actual or constructive notice of any [a] security interest in the seized motor vehicle, give the secured party notice of the time and place when there is to be any proceeding before the court or the judge pertaining to the confiscation [the] of the motor vehicle. Constructive notice shall be limited to security interests perfected by filing.
29.06(1)(c)2.
2. The time of sale of the confiscated motor vehicle shall be within 20 days after judgment of confiscation as provided in
s. 29.05 (8). The department shall give each secured party discovered in accordance with
subd. 1. at least 10 days' notice of the time and place of sale of the motor vehicle.
29.06(1)(c)3.a.a. If the holder of a security interest in the confiscated motor vehicle, perfected by filing, satisfies the court, or after judgment of confiscation, the department, that the violation that led to the confiscation was not with the knowledge, consent or connivance of the holder of the security interest or with that of some person employed or trusted by the holder of the security interest, the amount due under the security agreement, together with any other deductions authorized under
par. (a), shall be deducted from the proceeds of the sale of the confiscated motor vehicle and the amount due shall be paid to the one entitled. If a sufficient amount does not remain for the full payment of the amount due under the security agreement after making the other deductions authorized under
par. (a), the amount remaining shall be paid to the one entitled.
29.06(1)(c)3.b.
b. The burden of proof to satisfy the court or department under
subd. 3. a. shall be upon the holder of the security interest.
29.06(1)(e)
(e) This subsection shall not apply to a deer killed, or so injured that it must be killed, by a collision with a motor vehicle on a highway. [In that case, the] For purposes of this subsection, "deer" does not include farm-raised deer.
29.06 Note
NOTE: Sub. (1) is shown as affected by three acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c). Pars. (c), (d) and (e) are shown as renumbered by the revisor under s. 13.93 (1) (b). The bracketed language was rendered surplusage by the interaction of the three acts. Corrective legislation is pending.
29.06(2)
(2) On any sales under this section of wild animals, or carcasses or parts thereof, the warden or agent selling them shall issue to each purchaser a certificate, on forms to be prepared and furnished by the department, covering such sales. The wild animals, or carcasses or parts thereof, so purchased shall be consumed or otherwise disposed of by the purchaser within a period to be set by the department, but shall not be resold, bartered, or exchanged, in whole or in part, to any other person, except as provided in
sub. (3).
29.06(3)
(3) Confiscated fish or game sold under this section to the keeper, manager, or steward of any restaurant, club, hotel, or boarding house may be served to the guests thereof; but in such case the certificate covering the purchase shall be hung in public view in the place where the fish or game is served, and such fish or game shall at the time of sale be tagged by the warden or agent selling it, such tag to show the date of sale and be returned to said warden or agent within 5 days thereafter.
29.06 History
History: 1975 c. 97,
199;
1981 c. 98 s.
3;
1993 a. 169;
1995 a. 79,
126,
225; s. 13.93 (1) (b), (2) (c).
