29.15(1)(b)
(b) "Salmon" includes coho and chinook salmon.
29.15(2)
(2) Requirement. No person may fish for trout or salmon in the outlying trout and salmon waters of the state unless the person is issued a resident or nonresident 2-day sports fishing license, unless the person is issued a conservation patron license under
s. 29.1475 or unless the person is issued a Great Lakes trout and salmon stamp which is affixed by the stamp's adhesive to the person's fishing license or sports license.
29.15(3)
(3) Issuance. The Great Lakes trout and salmon stamp shall be issued subject to
s. 29.09 by the department or a county clerk to any person holding or applying for a fishing license under
s. 29.09 (12) (a),
29.14 (2) to
(7),
29.145 (1c) to
(2) or
29.146 or a sports license under
s. 29.147. The department shall design and produce Great Lakes trout and salmon stamps as provided under
s. 29.09 (13).
29.15(4)
(4) Exemptions. This section does not apply to a person who is exempt from the payment or requirement for a fishing license.
29.15(5)
(5) Use of fees. The department shall expend the receipts from the sale of Great Lakes trout and salmon stamps to supplement and enhance the existing trout and salmon rearing and stocking program for outlying waters and to administer this section.
29.155
29.155
Waivers of fishing and hunting approvals. 29.155(1)(1)
Definition. In this section "recreational activity" means hunting or fishing for sport.
29.155(1g)
(1g) Waiver. For a special event or program that involves a recreational activity and that is sponsored or approved by the department, the department may, by rule, waive the requirement that persons be issued approvals required under this chapter, and pay the applicable fees, for the recreational activity if the department finds that all of the following apply:
29.155(1g)(a)
(a) The special event or program will provide education in or appreciation of the recreational activity.
29.155(1g)(b)
(b) The waiver of the approval requirement will not result in a substantial loss of revenue to the department.
29.155(1h)
(1h) Weekend event. In addition to any special event or program sponsored under
sub. (1g), the department shall, by rule, for a special event for one weekend per year, waive the requirement that persons be issued fishing licenses under
ss. 29.14 and
29.145 and pay the applicable fees in order to fish in the waters of this state. The department shall, by rule, designate to which inland or outlying waters this waiver shall apply.
29.155(1j)
(1j) The department shall, by rule, define "substantial loss of revenue" for purposes of
sub. (1g) (b).
29.155(1m)
(1m) The department shall, in cooperation with and with the assistance of the department of tourism, publicize the special events and programs sponsored or approved under
sub. (1g) or
(1h).
29.155(1r)
(1r) Conditions, limitations. For a recreational activity that is the subject of the special event or program sponsored or approved under
sub. (1g) or
(1h) the department, by rule or written authorization, may waive conditions, limitations or restrictions required under this chapter or may establish reasonable conditions, limitations or restrictions that are in addition to those required under this chapter.
29.155(2)(a)(a) Persons who fish or hunt during events or programs sponsored or approved under
sub. (1g) or
(1h) may not sell, trade or barter the wild animals taken during the event or program, and they are subject to all other conditions, limitations and restrictions required under this chapter except those waived under
sub. (1r).
29.155(2)(b)
(b) Persons who help or assist in conducting a special event or program sponsored or approved under
sub. (1g), who are not employes of the department, and who are engaged in the recreational activity, are not exempt from possessing the approvals required under this chapter for the recreational activity.
29.155(3)
(3) Exclusion. No person who holds a commercial fishing license issued under
s. 29.33 may fish during an event or program sponsored or approved under
sub. (1g) or
(1h).
29.155(4)
(4) Requests for waivers. Any person conducting a special event or program that involves a recreational activity for which an approval is required under this chapter may request a waiver of the approval requirement from the department. A denial of a waiver request is not subject to further review under
ch. 227.
29.156
29.156
Authorizations for certain patients and institutionalized persons to fish. The department shall issue an authorization without charge to a county hospital, state or federal mental hospital, state correctional institution or nonprofit institution located in this state for rehabilitation purposes upon request of the superintendent of the institution. The authorization permits a resident of the hospital or institution who is supervised by an employe of the hospital or institution to fish for fish subject to all other provisions of law.
29.156 History
History: 1993 a. 16.
29.157
29.157
Waiver of fishing license requirement for groups of disabled persons. The department may exempt from the requirement of having fishing licenses groups of persons who are developmentally or physically disabled and who are participating in fishing excursions conducted by nonprofit organizations. The department need not promulgate as rules under
ch. 227, the exemptions authorized under this section.
29.157 History
History: 1993 a. 324;
1995 a. 225.
29.16
29.16
Interstate license privileges. 29.16(1)
(1)
Fishing privileges. Whenever and so long as the states of Michigan, Minnesota or Iowa confer upon the fishing licensees of this state reciprocal rights, privileges and immunities, any hook and line or other fishing license issued by such other state shall entitle the licensee to all the rights, privileges and immunities, in and upon the boundary waters between such state and this state, enjoyed by the holders of equivalent licenses issued by this state; subject, however, to the duties, responsibilities and liabilities imposed on its own licensees by the laws of this state.
29.16(2)
(2) Commercial clamming privileges. Whenever and so long as the states of Michigan, Minnesota, Iowa, Illinois or Missouri confer upon the commercial clamming licensees of this state reciprocal rights, privileges and immunities, any commercial clamming license issued by such other state shall entitle the licensee to all the rights, privileges and immunities, in and upon the boundary waters between Michigan and this state, between Minnesota and this state and between Iowa and this state, enjoyed by the holders of equivalent licenses issued by this state; subject, however, to the duties, responsibilities and liabilities imposed on its own licensees by the laws of this state.
29.16 History
History: 1985 a. 289.
29.165(1)(1) No person may engage or be employed for any compensation or reward to guide, direct or assist any other person in hunting, fishing or trapping unless a guide license is duly issued to the person by the department subject to
s. 29.09. No guide license for hunting or trapping may be issued to or obtained by any person who is not a resident of this state. No guide license may be issued to any person under the age of 18 years. The applicant shall deliver to the department an oath of office that he or she will well and faithfully perform the duties and responsibilities as a guide licensed by the department and observe and comply with all the requirements of this chapter and the rules of the department.
29.165(2)
(2) Any person violating this section shall forfeit not more than $100 and upon such conviction the person's guide license shall be revoked for one year.
29.166
29.166
Outlying water sport trolling licenses. 29.166(1)
(1) No person may be engaged or be employed for any compensation or reward to guide any other person in sport trolling for trout or salmon in and upon the outlying waters of Lake Michigan, Green Bay or Lake Superior unless the person is duly issued a sport trolling license by the department subject to
s. 29.09. No sport trolling license may be issued to any person under the age of 18 years. The application shall include the name and address of the applicant, the name of the home port from which the applicant will operate, the applicant's U.S. coast guard operator's license number and other information as required by the department for statistical purposes. The licensee and all persons on board the licensee's boat shall comply with all the requirements of this chapter and the rules of the department. Boats used by the licensee shall meet minimum U.S. coast guard and this state's boat licensing and safety requirements.
29.166(2)
(2) Each licensee shall keep an accurate record and account as to the number of each variety of fish taken under his or her sport trolling license and such other information as the department requires, and shall report to the department on forms provided by the department on or before the 10th day of each month on the records for the preceding calendar month. The licensee is responsible for the number of fish taken and shall be held to account for the number.
29.17
29.17
Scientific collector permit. 29.17(1)
(1) The department may issue a scientific collector permit to a qualified natural person as provided under this section. This permit authorizes the permittee to collect or salvage for scientific purposes only, the eggs, nest and wild animals specified in the permit subject to the conditions and limitations specified in the permit and the rules of the department. The permittee may use the specimens for the scientific purposes collected or salvaged and may transport them or cause them to be transported by common carrier. Possession of these specimens may not be transferred to any other person except these specimens may be exchanged for other specimens for scientific purposes.
29.17(2)
(2) Application for a scientific collector permit shall be made to the department.
29.17(3)
(3) Upon receipt of an application for a scientific collector permit, the department shall investigate the matter. If the department is satisfied that the applicant is engaged in a bona fide program leading to increased, useful scientific knowledge, it may issue a scientific collector permit to the applicant. This permit shall state the name and address of the permittee, the date of issue, the purposes for which it is issued, the type, species and number of specimens authorized to be collected or salvaged, the area and period of time in which the specimens may be collected or salvaged, the place the specimens shall be kept and other conditions and limitations as the department deems reasonable. A scientific collector permit is not transferable.
29.17(4)
(4) A scientific collector permit may authorize the use of net guns and tranquilizer guns for activities related to the purposes for which the permit is issued.
29.17(5)
(5) The department may promulgate rules regulating all operations and activities conducted under the authority of such permits.
29.17(6)
(6) Any person convicted of a violation of this chapter or of any rule of the department shall forfeit the person's permit and the permit is thereby revoked, in addition to all other penalties. Any person so convicted shall not be eligible for a permit under this section for the period of one year following the date of such conviction.
29.174
29.174
Conservation of fish and game; powers of department. 29.174(1)(1) The department shall establish and maintain open and close seasons for the several species of fish and game and any bag limits, size limits, rest days and conditions governing the taking of fish and game as will conserve the fish and game supply and ensure the citizens of this state continued opportunities for good fishing, hunting and trapping.
29.174(2)(a)(a) The department shall establish open and closed seasons, bag limits, size limits, rest days and other conditions governing the taking of fish or game, in accordance with the public policy declared in
sub. (1), but all fishing seasons on inland waters shall open on a Saturday. Such authority may be exercised either with reference to the state as a whole, or for any specified county or part of a county, or for any lake or stream or part thereof.
29.174(2)(c)1.1. The department may regulate and limit the number of hunters and the maximum harvest of Canada geese in any area, by doing any of the following:
29.174(2)(c)1.a.
a. Requiring hunters to tag each goose killed with a tag issued by the department.
29.174(2)(c)1.b.
b. Requiring registration of each farm on which Canada goose hunting is allowed and registration of each goose killed at the farm.
29.174(2)(c)1.c.
c. Prohibiting the hunting of Canada geese without a valid permit issued by the department.
29.174(2)(c)2.
2. No preference may be given in the distribution of a permit or tags, except that any applicant who unsuccessfully applied for a permit or tags in the previous year shall be given priority over any applicant who successfully applied for a permit or tags in the previous year.
29.174(2)(cm)1.1. The department may establish by rule sharp-tailed grouse hunting zones where sharp-tailed grouse hunting is permitted. The department may establish by rule closed zones where sharp-tailed grouse hunting is prohibited. The department may regulate and limit the number of hunters and the maximum harvest of sharp-tailed grouse in any sharp-tailed grouse hunting zone or any other area, by doing any of the following:
29.174(2)(cm)1.a.
a. Requiring hunters to tag each sharp-tailed grouse killed with a tag issued by the department.
29.174(2)(cm)1.b.
b. Prohibiting the hunting of sharp-tailed grouse without a valid permit issued by the department.
29.174(2)(cm)2.
2. No preference may be given in the distribution of a permit or tags, except that any applicant who unsuccessfully applied for a permit or tags in the previous year shall be given priority over any applicant who successfully applied for a permit or tags in the previous year.
29.174(2)(d)
(d) The department may limit the number of trappers and the maximum harvest of wild fisher in any area.
29.174(2)(dg)
(dg) The department may limit the number of trappers of otters and the maximum harvest of otters in any area.
29.174(2)(dr)
(dr) The department may limit the number of hunters or trappers, or both, of bobcats and may limit the maximum harvest of bobcats in any area.
29.174(2)(e)
(e) The department may limit the number of trappers and hunters and the maximum harvest of beaver in any area.
29.174(2)(em)
(em) The department may impose any of the limitations under
pars. (d) to
(e) by establishing a system for the issuance of permits.
29.174(2)(f)
(f) In addition to the types and manner of hunting authorized under
ss. 29.09 (9) and
29.104 (4) for disabled persons and persons who are visually handicapped, as defined in
s. 29.09 (9) (a) 5., the department may establish special hunting seasons or opportunities for persons who are physically disabled or visually handicapped and may limit the number of persons involved.
29.174(2)(g)
(g) The department may establish a fishing season on specified bodies of water in certain urban areas, as determined by rule by the department, that allows fishing only by persons who are under 16 years old or who are disabled and can produce the evidence specified in
s. 29.145 (1c) (a),
(b) or
(c), subject to all of the following conditions:
29.174(2)(g)1.
1. The department may not designate a body of water under this paragraph that is 25 acres or greater in area.
29.174(2)(g)2.
2. The department may not designate a body of water under this paragraph without the written agreement of each private owner of shoreline and of each city, village, town, county, federal agency or other state agency that owns shoreline.
29.174(2)(g)3.
3. The department shall post notice of the restricted fishing season at each designated body of water.
29.174(2)(g)4.
4. Section 227.16 (2) (e) does not apply to a rule promulgated under this paragraph and, when the department proposes to add a body of water to or delete a body of water from a rule under this paragraph, the department shall hold a hearing, as required under
s. 227.16 (1), either in the county in which the body of water is located or within 50 miles of the body of water.
29.174(3)
(3) The department may promulgate rules under
sub. (2) either on its own motion or on petition from any group of citizens. Provided, that upon petition of not less than 1,000 citizens in case of a contemplated rule affecting the entire state or a part thereof larger than 2 counties, or of not less than 50 citizens residing in the county if but a single county or part thereof is affected, or of not less than 100 citizens residing in the 2 counties if not more than 2 counties or parts thereof are affected, the department shall conduct one or more public hearings upon such proposed rule, at a place convenient to the petitioners. Notice of such hearing shall be published in the community affected as a class 3 notice, under
ch. 985. The department shall send prior written notice of any hearing held under this section to the Wisconsin conservation congress delegates for the area affected by the proposed rule.
29.174(4)
(4) The department shall make such investigations relative to any petition or proceedings under this section as it deems necessary, and may organize advisory committees to advise it on any matter under consideration. Members of such committees shall receive no compensation but shall be reimbursed their actual and necessary expenses.
29.174(6)
(6) All rules of the department in conformity with law are prima facie reasonable and lawful.
29.174(7)
(7) Every rule in conformity with law, made under authority of this section, shall in every prosecution for violation thereof be conclusively presumed to be just, reasonable and lawful, unless prior to the institution of prosecution for such violation the person charged with such violation shall have brought an action to vacate and set aside such rule, as provided in this section.
29.174(8)
(8) Any rule of the department is subject to review in the manner provided in
ch. 227, except that if the rule affects only the county in which the appellant resides, the appeal shall be to the circuit court of such county.
29.174(9)
(9) The present statutes regulating open and close seasons, bag limits, size limits, rest days and other conditions governing the taking of fish or game shall continue in full force and effect until modified by rules of the department, as provided in this section, or by subsequent acts of the legislature.
29.174(12)
(12) Nothing in this section shall be construed to confer upon the department the power to alter any provisions of the statutes relating to forfeitures, penalties, license fees or bounties.
29.174(13)
(13) This state assents to the provisions of the acts of congress entitled "An act to provide that the United States shall aid the states in wildlife-restoration projects, and for other purposes," approved September 2, 1937 (
Public No. 415, 75th Congress), and "An act to provide that the United States shall aid the states in fish restoration management projects, and for other purposes," approved August 9, 1950 (
Public No. 681, 81st Congress), and the department is authorized, empowered and directed to perform such acts as may be necessary to the conduct and establishment of cooperative wildlife-restoration and cooperative fish restoration projects, as defined in said acts of congress, in compliance with said acts and with rules and regulations promulgated by the secretary of the interior thereunder; and no funds accruing to this state from license fees paid by hunters and from sport and recreation fishing license fees shall be diverted for any other purpose than those provided by the department.
29.174(14)
(14) The department shall establish the open season for hunting raccoon 2 weeks earlier for persons with resident licenses than for persons with nonresident licenses.
29.174(15)
(15) On or before March 15 of each even-numbered year, the department shall submit to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under
s. 13.172 (3), to the governor and to the Wisconsin conservation congress a report identifying the accomplishments of the department under this chapter that relate to fish and wildlife in the previous biennium and identifying the department's use and expenditure of all fishing, hunting and trapping approval fees collected under this chapter in the previous biennium.
29.175
29.175
Nongame species. 29.175(1)(1) The department may conduct investigations of nongame species in order to develop scientific information relating to population, distribution, habitat needs, and other biological data in order to determine necessary conservation measures. On the basis of these scientific determinations the department may promulgate rules and develop conservation programs designed to ensure the continued ability of nongame species to perpetuate themselves. The rules may require harvest information and establish limitations relating to taking, possession, transportation, processing and sale or offer for sale, in order to conserve nongame species.
29.175(2)
(2) No rules promulgated or programs developed under this section may impede, hinder or prohibit the utilization of lands for the construction, operation or maintenance of utility facilities otherwise authorized or permitted.
29.22
29.22
General restrictions on hunting. 29.22(1)
(1)
Hunting restricted areas. No person shall hunt within 1700 feet of any hospital, school grounds or sanatorium. The department may furnish signs designating the restricted area. No conviction shall be had for a violation of this subsection unless the restricted area is designated by such signs.
