29.34(1)(1) Licenses which authorize the use of nets in the Mississippi river as limited herein and in that part of the St. Croix river downstream from the dam at St. Croix Falls shall be issued subject to
s. 29.09 by the department to any resident applying therefor. This subsection as applicable to the St. Croix river shall not become effective until Minnesota has enacted similar legislation.
29.34(2)
(2) Each net license authorizes the use of one or more of the following nets only:
29.34(4)(a)(a) Except when lifting or setting a gill net, no person may use a seine, gill, bait, buffalo or frame net in the Mississippi and St. Croix rivers unless the net has the required number of metal tags stamped to designate the kind of net and number of the net license covering it securely fastened to it.
29.34(4)(b)
(b) The required number of tags is as follows:
29.34(4)(b)1.
1. For a seine net, one tag for each 500 lineal feet, or fraction thereof.
29.34(4)(b)2.
2. For a gill net, one tag for each 2,000 lineal feet, or fraction thereof.
29.34(4)(b)3.
3. For a bait, buffalo or frame net, one tag for each net.
29.34(4)(c)
(c) The department or the county clerk shall issue net tags to the licensee at the time of issuing the net license.
29.34(5)
(5) Each such licensee shall keep a strict record and account as to each variety of fish and the number of pounds thereof taken by the licensee in gear licensed to the licensee and such other information as the department requires; and shall report thereon to the department on or before the 10th day of each month during the license period.
29.343
29.343
Slat net fishing in the Mississippi river. 29.343(1)
(1) A slat net license authorizing the taking of commercial fish through the use of slat nets in that part of the Mississippi river over which this state has jurisdiction between the Minnesota-Iowa boundary line extended and the Wisconsin-Illinois boundary line extended may be issued subject to
s. 29.09 by the county clerk of a county bordering these waters to any resident who applies for this license.
29.343(2)
(2) A person who is issued a slat net license or a crew may operate not to exceed 50 properly tagged slat nets.
29.343(3)
(3) No person may use a slat net unless it is properly tagged. In order to be properly tagged a slat net is required to have attached to it a metal tag stamped to designate the kind of net and the number of the slat net license. Slat net tags are required to remain attached to the nets until replaced by renewal tags.
29.343(4)
(4) No slat net may be set within 100 feet of any muskrat or beaver house. Any slat net found in any waters during the closed season for the use of slat nets and any slat net found on the Wisconsin banks or shores without a slat net tag and showing evidence of being used in the previous 5 months shall be seized and held subject to the order of the court or judge under
s. 29.05.
29.343(5)
(5) Except as herein provided slat net licenses shall be issued to any resident applying therefor and shall be subject to
s. 29.09, except that they shall be issued by the county clerk of the counties bordering on such waters. A sufficient supply of slat net tags shall be furnished such county clerks by the department.
29.343 History
History: 1971 c. 266;
1983 a. 27 ss.
793 to
795.
29.344
29.344
Trammel net fishing in the Mississippi river. 29.344(1)(1) The department may issue a trammel net license to any resident who applies for this license subject to
s. 29.09.
29.344(2)
(2) This license authorizes the use of trammel nets in that part of the Mississippi river over which this state has jurisdiction.
29.344(3)
(3) No person may use a trammel net which exceeds 300 feet and no person may use a trammel net unless it is properly tagged. In order to be properly tagged, a trammel net is required to have attached to it a metal tag stamped to designate the kind of net and the number of the trammel net license. Trammel net tags are required to remain attached to the nets until replaced by renewal tags.
29.344(4)
(4) No trammel net may be set within 100 feet of any muskrat or beaver house. Any trammel net found in any waters during the closed season for the use of trammel nets and any trammel nets found on the Wisconsin banks or shores without a trammel net tag and showing evidence of being used in the previous 5 months shall be seized and held subject to the order of the court or judge under
s. 29.05.
29.344 History
History: 1983 a. 27 s.
795;
1983 a. 192.
29.36
29.36
Set or bank pole licenses. 29.36(1)
(1) A set or bank pole license authorizing the use of not to exceed 5 set or bank poles for taking, catching or killing fish in the inland waters of the state where the use of setlines is permitted shall be issued subject to
s. 29.09 by the department or the county clerk of the county where the set or bank poles are intended to be used to any resident of the state applying for this license.
29.36(2)
(2) No set or bank pole shall be used unless there is securely attached thereto a metal tag stamped with the number of the license covering the same. Tags shall be furnished by the department to the county clerk, or agents of the same or of the department and by such agency to the licensee at the time of issuing the license.
29.36(3)
(3) For the purposes of this section a set or bank pole is defined as a pole equipped with one line and not to exceed 2 hooks of a size not smaller than 3-0 which pole is used for fishing from the banks of lakes or rivers and may be operated in the same manner as a setline.
29.36 History
History: 1983 a. 27;
1983 a. 192 s.
303 (6).
29.37
29.37
Setline licenses; inland waters. 29.37(1)
(1) A setline license authorizing the use of setlines and hooks in inland waters in the manner determined by the department for taking, catching or killing fish shall be issued subject to
s. 29.09 by the department or the county clerk of the county bordering on the waters where the setlines are intended and permitted to be used to any resident of the state applying for this license.
29.37(3)(a)(a) No person may operate any setline unless he or she has a setline license. No person may use a setline unless it is properly tagged. In order to be properly tagged a setline is required to be securely attached to a buoy or stake at one end, the buoy or stake is required to have attached to it a metal tag stamped to designate the serial number of the setline license covering it and the buoy or stake is required to be placed and the tag attached in a manner so the tag is visible above the surface of the water.
29.37(3)(b)
(b) The department or the county clerk shall issue setline tags to the licensee at the time of issuing the setline license.
29.37(4)
(4) All fishers licensed under this section shall file such reports on the amounts and kinds of fish taken as may be requested by the department.
29.38
29.38
Clams, clamming and commercial clamming. 29.38(1)(1)
Purpose. The purpose of this section is to regulate the taking of clams in order to conserve and maintain their supply, to require licensing of persons engaged in commercial clamming and to protect those clam species which are endangered, threatened or rare.
29.38(2)
(2) Definitions. As used in this section:
29.38(2)(a)
(a) "Assistant clam buyer" means any natural person who engages in clam buying on behalf of a clam buyer.
29.38(2)(b)
(b) "Clam" means any freshwater mussel, shell, valve or part of any shell, or meat of a freshwater mussel found in inland or outlying waters, but does not include meat after it has been processed for human or animal consumption and does not include bait, pearls, shells and parts of shells which have been mounted for display or fashioned into jewelry or items of apparel.
29.38(2)(c)
(c) "Clam buyer" means any person who engages in clam buying or who employs or authorizes an assistant clam buyer to do so on the person's behalf.
29.38(2)(d)
(d) "Clam buying" means buying, bartering or obtaining clams from commercial clam shellers or others for resale as clams.
29.38(2)(e)
(e) "Clam helper" means any natural person who engages in clam helping.
29.38(2)(f)
(f) "Clam helping" means assisting a commercial clam sheller in activities related to commercial clam shelling or assisting a clam buyer in activities relating to clam buying but does not include buying, bartering or obtaining clams from commercial clam shellers or others for resale as clams.
29.38(2)(g)
(g) "Clamming" means the taking, killing, collecting or removing of clams from inland or outlying waters or the beds of inland or outlying waters and the incidental killing of clams in the search for pearls but does not include commercial clam shelling.
29.38(2)(h)
(h) "Commercial clamming" means commercial clam shelling, clam buying, clam helping and related activities.
29.38(2)(i)
(i) "Commercial clam sheller" means any natural person who engages in commercial clam shelling.
29.38(2)(j)
(j) "Commercial clam shelling" means the taking, killing, collecting or removing of more than 50 pounds of clams per day from inland or outlying waters or the beds of inland or outlying waters and the incidental killing of more than 50 pounds of clams per day in the search for pearls.
29.38(3)
(3) License or permit required. 29.38(3)(a)(a) No person may engage in commercial clam shelling unless the person is a resident and at least one of the following applies:
29.38(3)(a)1.
1. The person is a natural person and has been issued a commercial clam sheller license by the department.
29.38(3)(a)2.
2. The person is a licensed clam helper engaged in commercial clam shelling while aboard a vessel with the licensed commercial clam sheller whom the clam helper is assisting.
29.38(3)(a)3.
3. The person has not attained the age of 16 years, and the value of the clams taken, killed, collected or removed by that person does not exceed $1,000 per year. The department may, by rule, require persons under this subdivision to obtain a commercial clam shelling permit, at no charge, with the requirements for the permit to be determined by the department by rule.
29.38(3)(b)
(b) No person may engage in clam helping unless the person is a resident and a natural person and has been issued a clam helper license by the department.
29.38(3)(c)1.1. No natural person may engage in clam buying unless he or she is a resident and has been issued by the department a clam buyer license or an assistant clam buyer license.
29.38(3)(c)2.
2. No corporation, partnership or other business association may engage in clam buying unless it has been organized under the laws of this state and has been issued by the department a clam buyer license.
29.38(3)(d)
(d) The department may limit the number of licenses and permits issued under this section.
29.38(4)(a)(a) A licensed clam buyer may employ or authorize assistant clam buyers to buy clams. Upon proper application, the department shall issue no more than 10 assistant clam buyer licenses with a clam buyer license. Each assistant clam buyer license shall have printed on it the number of the clam buyer license for which it is issued.
29.38(4)(b)
(b) A natural person may be issued an assistant clam buyer license for each licensed clam buyer who employs or authorizes the natural person to buy clams.
29.38(4)(c)
(c) A licensed clam buyer is responsible for all acts relating to clamming performed by the assistant clam buyers engaged in clam buying activities for the clam buyer. A clam buyer may be charged with and penalized for a violation of this section committed by the assistant clam buyer while the assistant clam buyer is engaged in clam buying activities for the clam buyer.
29.38(4)(d)
(d) Upon revocation of a clam buyer license, all assistant clam buyer licenses issued under the clam buyer license shall also be revoked.
29.38(5)(a)(a) A licensed commercial clam sheller or a licensed clam buyer may employ or authorize a clam helper to assist him or her in activities related to commercial clam shelling or clam buying, but no clam helper may buy, barter or obtain clams from commercial clam shellers or others for resale as clams. Upon proper application, the department shall issue no more than 10 clam helper licenses with each commercial clam sheller license or with each clam buyer license. Each clam helper license shall have printed on it the number of the commercial clam sheller license or clam buyer license for which it is issued.
29.38(5)(b)
(b) A natural person may be issued a clam helper license for each licensed commercial clam sheller or licensed clam buyer who employs or authorizes the natural person to engage in clam helping.
29.38(5)(c)
(c) A licensed commercial clam sheller or licensed clam buyer is responsible for all acts relating to clamming performed by the clam helpers engaged in clam helping for the commercial clam sheller or clam buyer. A commercial clam sheller or clam buyer may be charged with and penalized for a violation of this section committed by the clam helper while the clam helper is engaged in clam helping for the commercial clam sheller or clam buyer.
29.38(5)(d)
(d) Upon revocation of a commercial clam sheller license or clam buyer license, all clam helper licenses issued under the commercial clam sheller license or the clam buyer license shall also be revoked.
29.38(6)
(6) Inspection; access to records. 29.38(6)(a)(a) Except as provided in
par. (d), for purposes of enforcement of this section and rules adopted under it, conservation wardens or department employes authorized and designated by the secretary, upon presenting appropriate credentials to the licensee or agent in charge, are authorized to do all of the following:
29.38(6)(a)1.
1. Enter any place, building or structure, excluding a dwelling place, in which clams or clamming equipment are stored, processed, packed or held and enter any vessel or vehicle being used to transport clams or clamming equipment when the licensee or agent in charge is present or upon 8 hours' notice at other times.
29.38(6)(a)2.
2. Inspect places, buildings, structures, vessels or vehicles, all pertinent equipment used or stored in the places to be inspected and any clams stored, processed, packed or held in the places to be inspected.
29.38(6)(b)
(b) No licensee, operator of a vehicle or vessel for the licensee, or employe acting on behalf of the licensee may prohibit entry or prohibit an inspection from being conducted as authorized under
par. (a).
29.38(6)(c)
(c) The department may examine any records relating to clamming or to commercial clamming.
29.38(6)(d)
(d) The department may not conduct an inspection or examine a person's records under this section if such action has been lawfully enjoined by a court order.
29.38(7)
(7) Possession, transportation and sale. No person may possess or transport more than 50 pounds of clams or sell or barter any clams unless at least one of the following applies:
29.38(7)(a)
(a) The person has been issued a commercial clam sheller, clam helper, clam buyer or assistant clam buyer license by the department or the person is exempt under
sub. (3) (a) 3., and the clams are of a species open to commercial clam shelling and are of the minimum size or larger for commercial clam shelling.
29.38(7)(b)
(b) The person demonstrates that the clams are being transported through the state in interstate commerce by a reasonably direct route.
29.38(8)
(8) Rules. The department may promulgate rules governing clamming and the clamming practices of commercial clam shellers, clam helpers, clam buyers and assistant clam buyers and other related matters, including but not limited to all of the following:
29.38(8)(a)
(a) Open and closed seasons and size and possession limits for different clam species.
29.38(8)(b)
(b) The methods of clamming and commercial clam shelling.
29.38(8)(c)
(c) Equipment specifications and requirements.
29.38(8)(d)
(d) Record-keeping and reporting requirements.
