29.245(3)(b)2.
2. To an employe of the department on official business.
29.245(3)(b)3.
3. To a person authorized by the department to conduct a game census.
29.245(4)
(4) Shining wild animals while hunting or possessing weapons prohibited. 29.245(4)(a)(a)
Prohibition. No person may use or possess with intent to use a light for shining wild animals while the person is hunting or in possession of a firearm, bow and arrow or crossbow.
29.245(4)(b)
(b)
Exceptions. This subsection does not apply:
29.245(4)(b)1.
1. To a peace officer on official business, an employe of the department on official business or a person authorized by the department to conduct a game census.
29.245(4)(b)2.
2. To a person who possesses a flashlight or who uses a flashlight at the point of kill while hunting on foot raccoons, foxes or other unprotected animals during the open season for the animals hunted.
29.245(5)
(5) Shining wild animals after 10 p.m. during certain times of the year prohibited. 29.245(5)(a)(a)
Prohibition. No person may use or possess with intent to use a light for shining wild animals between 10 p.m. and 7 a.m. from September 15 to December 31.
29.245(5)(b)
(b)
Exceptions. This subsection does not apply:
29.245(5)(b)1.
1. To a peace officer on official business, an employe of the department on official business or a person authorized by the department to conduct a game census.
29.245(5)(b)2.
2. To a person who possesses a flashlight or who uses a flashlight at the point of kill while hunting on foot raccoons, foxes or other unprotected animals during the open season for the animals hunted.
29.245(5)(b)3.
3. To a person who possesses a flashlight or who uses a flashlight while on foot and training a dog to track or hunt raccoons, foxes or other unprotected animals.
29.245(5)(b)4.
4. If rules promulgated by the department specifically permit a person to use or possess a light for shining wild animals during these times.
29.245(6)
(6) County ordinance. A county may regulate or prohibit the use of or possession with intent to use a light for shining wild animals. A county ordinance may not be less restrictive than the prohibition under
sub. (5) (a). The exceptions under
sub. (5) (b) apply to a county ordinance adopted under this subsection. A county may provide for a forfeiture of not more than $1,000 for violation of a county ordinance adopted under this subsection.
29.245(7)(a)(a) A person who violates
sub. (3) shall be fined not less than $1,000 nor more than $2,000 or imprisoned not more than 6 months or both and, in addition, the court shall order the revocation of all approvals issued to the person under this chapter and shall prohibit the issuance of any new approval under this chapter to the person for 3 years.
29.245(7)(b)
(b) A person who violates
sub. (4) or
(5) shall forfeit not more than $1,000.
29.245 AnnotationShining provisions of 29.245 apply to game, fur and deer farms.
80 Atty. Gen. 7.
29.255
29.255
Training of hunting dogs and rules for dog trials. The department may promulgate, pursuant to
s. 23.09, such rules governing the training of hunting dogs and the conduct of dog trials as in its opinion are necessary to encourage the use of hunting dogs and to safeguard wildlife in the state, but such rules shall not be promulgated for the use of dogs for general hunting of small game during general hunting seasons.
29.255 History
History: 1985 a. 332 s.
251 (1), (5).
29.256
29.256
Taking homing pigeons. Any person who takes, catches, kills or impedes the progress or otherwise interferes with any homing pigeon shall forfeit not more than $50.
29.256 History
History: 1975 c. 365.
29.27
29.27
Regulation of waterfowl blinds. 29.27(1)(a)
(a) "Blind" means a permanent structure used in hunting waterfowl which is not removed at the end of hunting hours each day.
29.27(1)(b)
(b) "Waterfowl" means wild geese, brant, wild ducks, rails, coots, gallinules, jacksnipe, woodcock, plovers, sandpipers and wild swan.
29.27(3)
(3) A blind situated on state-owned property and used in hunting waterfowl must bear the name of the owner affixed permanently to the blind in lettering one-inch square or larger. The blind may be erected not more than 7 days prior to the opening of the waterfowl hunting season, as prescribed by the department, and must be removed within 7 days after the close of the season. A blind situated on state-owned property which does not bear the name of the owner as prescribed by this section is a public nuisance. The department may seize all such nuisances and may destroy or sell the blinds in the name of the state. The department and its deputies are exempt from all liability to the owner for the seizure and destruction or sale of the blind. The owner is responsible for removing the blind within 7 days after the close of the waterfowl hunting season. Any owner who erects a blind more than 7 days prior to the opening of the waterfowl hunting season or who does not remove a blind within 7 days after the close of the waterfowl season shall be subject to a forfeiture of not less than $10 nor more than $200.
29.27 History
History: 1977 c. 443.
29.283
29.283
Fishing shanties on ice, regulation. 29.283(1)
(1)
Promulgation of rules. The department shall promulgate rules governing the use of buildings, vehicles, tents, fish shanties and similar shelters for fishing through the ice in any waters of the state.
29.283(3)
(3) Public nuisance; removal. Any building, vehicle, tent, fish shanty or similar shelter that is used or left on the ice in violation of any department order or that has fallen through the ice is a public nuisance. The department may seize all such nuisances whereupon the owner must be notified; if after the expiration of 10 days after notice given the owner does not claim such nuisance, the department may destroy or sell the same in the name of the state; the department and its deputies shall be exempt from all liability to the owner for such seizure and destruction or sale.
29.283(4)
(4) Reimbursement for department costs. If the department destroys or sells the building, vehicle, tent, fish shanty or similar shelter that is a public nuisance under
sub. (3), the owner shall reimburse the department for all costs associated with the seizure and destruction or sale of the public nuisance. The department shall give the owner written notice containing the amount of costs to be reimbursed and a statement that the owner must reimburse these costs to the department within 20 days after the notice is given. The department shall deposit the moneys received under this subsection in the fish and wildlife account in the conservation fund.
29.283(5)
(5) Forfeiture. If the owner does not reimburse these costs to the department within 20 days after the notice is given under
sub. (3), the owner is subject to the forfeiture specified under
s. 29.99 (11v).
29.283 History
History: 1989 a. 359;
1991 a. 39.
29.286
29.286
Possession of fishing equipment. 29.286(1)
(1) No person shall possess or control at any time any trammel, gill, or hoop net, or any other kind of net, nets, or fish trap that might take, catch or kill fish in the counties of: Adams, Barron, Burnett, Calumet, Chippewa, Clark, Columbia, Dane, Dodge, Dunn, Eau Claire, Florence, Fond du Lac, Forest, Green, Green Lake, Iowa, Jackson, Jefferson, Juneau, Lafayette, Langlade, Lincoln, Marathon, Marquette, Monroe, Oneida, Outagamie, Polk, Portage, Price, Richland, Rock, Rusk, Sauk, Sawyer, Shawano, Taylor, Vilas, Walworth, Washburn, Washington, Waukesha, Waupaca, Waushara, Winnebago and Wood except minnow nets and minnow traps, whitefish and cisco nets, dip nets, crab traps and turtle traps as provided in this chapter or by department order.
29.286(2)
(2) Nothing in this section shall prohibit the department or its agents from having in possession, using, or causing the use of any kind of nets as provided under other sections in the statutes, nor prohibit the possession or use of nets by contract fishers who are operating under the supervision of the department.
29.286 History
History: 1985 a. 332;
1991 a. 316.
29.29
29.29
Noxious substances. 29.29(1)(1)
Explosives; stupefactives. No person may take, capture or kill fish or game of any variety in any waters of this state by means of dynamite or other explosives or poisonous or stupefying substances or devices; or place in any waters of this state explosives which might cause the destruction of fish or game, except for the purpose of raising dead bodies whenever ordered by the public authorities, or for the purpose of clearing a channel or breaking a log or ice jam; or have in the possession or under the control of such person, upon any inland waters, any dynamite or other explosives or poisonous or stupefying substances or devices for the purpose of taking, catching or killing fish or game. Whoever violates this subsection shall be fined not more than $500 or imprisoned not more than 90 days or both.
29.29(2)
(2) Poison bait. No person shall use, set, lay or prepare in any of the waters of this state any lime, poison, fish berries, or any other substance deleterious to fish life.
29.29(3)(b)(b) No person may throw or deposit, or permit to be thrown or deposited, into any waters within the jurisdiction of the state any lime, oil, tar, garbage, refuse, debris, tanbark, ship ballast, stone, sand, except where permitted by
s. 30.12 (3) (a) 1., slabs, decayed wood, sawdust, sawmill refuse, planing mill shavings or waste material of any kind, or any acids or chemicals or waste or refuse arising from the manufacture of any article of commerce, or any other substance deleterious to game or fish life other than authorized drainage and sewage from municipalities and industrial or other wastes discharged from mines or commercial or industrial or ore processing plants or operations, through treatment and disposal facilities installed and operated in accordance with plans submitted to and approved by the department under
chs. 281,
285 or
289 to
299, except
s. 281.48, or in compliance with orders of the department. Any such order shall be subject to modification by subsequent orders. Any person violating this paragraph shall forfeit not more than $200. Each day of a continuing violation is a separate offense.
29.29(3)(c)
(c) Any person who intentionally violates this subsection shall be fined not more than $200 or imprisoned not more than 90 days or both.
29.29(4)
(4) Use of pesticides. The department of natural resources, after public hearing, may promulgate rules governing the use of any pesticide which it finds is a serious hazard to wild animals other than those it is intended to control, and the making of reports thereon. In making such determinations, the department to the extent relevant shall consider the need for pesticides to protect the well-being of the general public. It shall obtain the recommendation of the pesticide review board and such rules, other than rules to protect groundwater promulgated to comply with
ch. 160, are not effective until approved by the pesticide review board. "Pesticide" has the meaning designated in
s. 94.67.
29.29(5)
(5) Department of transportation activities; exception. This section does not apply to any activities carried out under the direction and supervision of the state department of transportation in connection with the construction, reconstruction, maintenance and repair of highways and bridges accomplished in accordance with
s. 30.12 (4).
29.29 Cross-reference
Cross-reference: See s.
134.67 for prohibition of use of DDT and exceptions to the prohibition.
29.29 Annotation
The legislative history and language of (3) indicates that the statute is concerned primarily with the discharge into navigable waters of refuse arising from manufacturing activities and does not attempt to prohibit silting caused by surface water runoff. State v. Deetz, 66 W (2d) 1, 224 NW (2d) 407.
29.29 Annotation
See note to 29.65, citing 62 Atty. Gen. 130.
29.29 Annotation
A proposed rule prohibiting the use of the chemical 2,4,5-T unless a permit has been obtained is within the statutory authority of DNR under (4). 64 Atty. Gen. 126.
29.29 Annotation
Discharging taconite tailings into water of Lake Superior was violation of Federal Water Pollution Control Act and common-law nuisance. United States v. Reserve Mining Co. 380 F Supp. 11.
29.30
29.30
Fishing with nets and setlines. 29.30(1)
(1)
License required. Nets and setlines may be used for the purpose of taking, catching, or killing fish, subject to the conditions, limitations and restrictions prescribed in this chapter; but no person shall set, place or use in any waters of this state any net, trap, snare, set hook, or setline, which is intended to or might take, catch or kill fish of any variety, other than a landing net, dip net, minnow seine or minnow dip net, unless a license therefor has been duly issued to such person.
29.30(2)
(2) Restrictions on the use of licensed nets and setlines. The use of licensed nets and setlines is subject, further, to the following conditions:
29.30(2)(a)
(a) No apron or other device shall be used in any pound net, which might prevent the escape of small fish through the meshes of the net when it is set or raised.
29.30(2)(b)
(b) No net of any kind shall be set so as to shut off more than one-half of any channel or passageway of any stream, or set within 1,000 feet of any other net in said stream.
29.30(2)(c)
(c) No licensee shall join a net to that of any other licensee.
29.30(2)(d)
(d) All nets or set hooks when set or placed in any waters shall be marked with a number corresponding to the license number authorizing the use of the nets or set hooks. The method of marking the nets shall be as follows: On drop nets, submarine trap nets and fyke nets, when set below the surface of the water, there shall be a buoy attached to the pot rope, on all gill nets and set hooks there shall be a buoy on each end of the gang, the buoys shall have a staff extending at least 3 feet above the surface of the water, upon the upper end of the staff there shall be a flag at least 10 inches square. Upon the bowl of the buoys there shall be maintained in plain figures the license number authorizing the use of the nets or set hooks. On pound nets and stake fyke nets there shall be maintained at least 3 feet above the surface of the water, or the surface of the ice, when set through the ice, a board or similar material, which shall bear the license number authorizing the use of the nets. On gill nets or set hooks when set through the ice there shall be maintained on each end of the gang a board or similar material which shall bear the license number authorizing the use of the nets or set hooks.
29.30(2)(e)
(e) The licensees of licensed nets or setlines used in outlying waters while engaged in the regular process of lifting nets or setlines shall, on their boats, carry the department's agents to and from their nets or setlines when set and, on demand of the agent, shall raise the nets or setlines for inspection. Any agent may, in the presence or absence of the licensees, at any time, raise any setline or nets, in any waters, with as little damage as may be, for inspection. If a licensee refuses to carry an agent the license shall be revoked.
29.30(2)(f)
(f) No licensed net shall be drawn or lifted at any time between one hour after sunset and one hour before sunrise of the following morning, except as otherwise approved by the department or, in the case of an emergency, following notice to the nearest U.S. coast guard station.
29.30(2)(g)
(g) Except as provided in
s. 29.33 (4m), no fish of any kind shall be taken or retained in any net, when drawn or lifted, other than the kind or kinds expressly authorized to be taken or retained in such net, as provided in this chapter; and except as provided by department order any such other kind or kinds of fish coming into or taken in such nets shall be immediately returned, carefully and with as little injury as possible, to the waters from which they were taken.
29.30 Annotation
See note to 29.09, citing State v. Gurnoe, 53 W (2d) 390, 192 NW (2d) 892.
29.33
29.33
Commercial fishing in outlying waters. 29.33(1)(1)
License authorized. Any person desiring to conduct commercial fishing operations on any of the outlying waters shall first obtain a commercial fishing license. The department may limit the number of licenses issued under this section and designate the areas in the outlying waters under the jurisdiction of this state where commercial fishing operations shall be restricted. The department may establish harvest limits and allocate the harvest limits among commercial fishing licensees. The department may designate the kind, size and amount of gear to be used in the harvest. The limitations on licenses, restricted fishing areas, harvests and gear shall be based on the available harvestable population of fish and in the wise use and conservation of the fish so as to prevent overexploitation. The department may promulgate rules defining the qualifications of licensees in the reasonable exercise of this authority, giving due consideration to residency, past record including compliance with the reporting requirements of
sub. (5), fishing and navigation ability and quantity and quality of equipment possessed. Rules relating to licensing commercial fishers shall be based on criteria provided by the commercial fishing boards under
sub. (7). The application for the license shall be made to the department on a blank provided for that purpose, accompanied by the fee specified in
s. 29.092 (7). The application shall state the name, birthdate, description and residence of the applicant, the manner in which he or she proposes to fish, the name or number and overall length of his or her boats, the name of the hailing port from which the boats will operate, and the number and kind of nets or other gear he or she intends to use in connection with commercial fishing and any other information required by the department for statistical purposes. The applicant shall provide an itemized listing of commercial fishing gear and equipment with the current values of those items of commercial fishing equipment, sufficient to meet the investment requirements for licensing as established in rules promulgated under this section. "Overall length" means the minimum distance between the extreme outside end of the bow and the stern using the nearest whole number of feet. The license shall be issued in accordance with
s. 29.09. No outlying waters commercial fishing license may be issued to a person under the age of 18 years.
29.33(2)
(2) Residency; transfers; catch fees. 29.33(2)(c)(c)
Nonresident defined. For the purpose of this section, the term "nonresident" shall include any individual who is not a resident under
s. 29.01 (12), any individual applying for a license for use of nets on a boat registered or of record at a port outside of the state, or any partnership, association, corporation or limited liability company any of whose stock, boats, nets and fishing equipment has been owned by a nonresident at any time during the 2 years immediately prior to the application for a license.
29.33(2)(d)
(d)
Transfer of license. The department may, upon application, permit the transfer of a license to any similar boat during the time a licensed boat is disabled or undergoing repairs or upon the sale of a licensed boat. The department shall promulgate rules governing the transfer of commercial fishing licenses between individuals equally qualified to hold the licenses and to members of a licensee's immediate family provided the rules assure the wise use and conservation of the fish resources being harvested under the license. The rules shall relate only to those waters in which the number of licenses is limited. The commercial fishing boards, under
sub. (7), shall approve or deny transfers of commercial fishing licenses in accordance with the rules promulgated under this section.
29.33(2)(f)
(f)
Licensed boats. Any licensed boat used by a resident licensee shall be from a port of record in this state, its hailing port shall be a port in this state, and it shall be a registered or documented boat of this state. Any licensed boat used by a nonresident licensee shall be a registered or documented boat of the state of residency.
29.33(2)(fm)
(fm)
Attending boats. Each licensed boat in excess of 25 feet in overall length may be accompanied by and work with one attending boat without an additional license fee for the attending boat. Any attending boat that is a motorboat under
s. 30.50 (2) shall be a registered boat. An attending boat shall bear the name, if any, of the licensed boat and may be used only for attending the licensed boat.
29.33(2)(g)1.1. Except as provided under
subd. 2., the department may not issue commercial fishing licenses to nonresidents of a particular state in a number which exceeds the number of commercial fishing licenses that that particular state issues to residents of this state.
29.33(2)(g)2.
2. The reciprocity limitation on the issuance of commercial fishing licenses to nonresidents under
subd. 1. does not apply to a nonresident who held a commercial fishing license on or before July 1, 1982, or to a nonresident to whom such a commercial fishing license is or was transferred by a member of his or her immediate family if that license was renewed for at least 5 consecutive years by the nonresident or a member of his or her immediate family and subject to compliance with criteria and approvals required under this section.
29.33(2)(h)
(h)
Catch fee. The department may require a catch fee which shall be equivalent to the department's direct costs of providing fish for harvest, for species of fish designated by department order, as further consideration for obtaining the license. The fees shall be charged only for those species of fish whose populations are sustained or supplemented through stocking and only for those fish caught by the licensee. All the fees shall be used exclusively to pay for the stocking, including purchase or propagation, of the fish.
29.33(3)
(3) Meaning of boat. In this section the term "boat" includes all types of watercraft.
29.33(4)(a)(a) Any commercial fishing licensee may use licensed crew members when fishing with or without a boat. The number of crew members engaged under a single license may not exceed 4 when fishing with nets under the ice. The department, upon proper application for crew licenses, may issue with each commercial fishing license no more than 4 crew licenses for the specific purpose of fishing with nets under the ice and the number indicated on the application for the purpose of fishing in open water. Each crew license shall bear the number of the commercial fishing license, the purpose for which intended, the year for which issued and the name of the crew member to whom the crew license is issued. The crew license permits a person to engage in commercial fishing only as a member of a crew of a commercial fisher licensed under
sub. (1).
29.33(4)(b)
(b) Each member of a crew engaged in the setting, lifting or pulling of nets or other devices set under authority of a commercial fishing license shall carry the crew license on his or her person while so engaged and upon demand of any conservation warden shall exhibit the license. Persons using minnow seines and dip nets used for taking smelt and minnows are exempt from this subsection.
29.33(4)(c)
(c) In case of illness or unavailability for good cause of a licensed crew member, an unlicensed person may work on a commercial fishing operation for a period not to exceed 48 hours under a temporary crew identification card, after which time he or she must obtain a crew license to engage in commercial fishing operations. Temporary crew identification cards shall be issued by the department to commercial fishing licensees for use as provided in this paragraph. Prior to use, the commercial licensee shall indicate on the temporary crew identification card the license number and name of the commercial fisher for whom the crew member will be working, the time and date the crew member commences work under the card and the crew member's name, address, description and his or her signature. The card shall be presented, upon request, to a conservation warden and must be in the possession of the crew member at all times while engaged in commercial fishing operations. The commercial fisher issuing the temporary crew identification card to an unlicensed person shall submit the card to the department with the commercial catch report submitted for the period in which work conducted under the card was performed.
29.33(4)(d)
(d) The commercial fishing licensee is responsible for all acts of crew members conducting commercial fishing activities for the licensee. A commercial fishing licensee may be charged with and convicted of a violation committed by his or her crew member while the crew member is conducting commercial fishing activities for the licensee. Upon revocation of a commercial fishing license, all crew member licenses issued under that license are invalid, and no person may be issued a temporary crew identification card under that license.
29.33(4m)
(4m) Fishing for certain species of fish in Lake Michigan and Green Bay. 29.33(4m)(a)(a) In this subsection, "incidental catch" means species of fish inadvertently caught while a commercial fisher licensed under
sub. (1) is fishing by trawl for other species of fish.
29.33(4m)(b)
(b) An incidental catch of smelt, chub or alewife from the waters of Green Bay or Lake Michigan may be brought to shore for the purpose of sorting or sale.
29.33(4m)(c)
(c) A commercial fisher licensed under
sub. (1) may fish by trawl for the total allowable commercial harvest of smelt, as set by rule by the department, on the waters of Green Bay at any time during nighttime hours if all of the following apply:
