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.
29.38(8)(e)
(e) Waters and portions of waters open and closed to clamming or commercial clam shelling.
29.38(8)(f)
(f) Transportation, possession, purchase, sale and barter of clams.
29.38(8)(g)
(g) Issuance and duration of permits for commercial clam shellers who are exempt under
sub. (3) (a) 3. from the license requirement.
29.38(8)(h)
(h) Harvest limits, allocating the harvest limits among the commercial clam shellers and criteria for allocation.
29.38(9)
(9) Confidentiality. Upon request in writing by a person who is required by department rule to keep a record or submit a report, the department shall keep confidential any information on the record or report relating to the value or weight of clams bought, sold or bartered by the person or relating to the specific location where the clams were taken, killed, collected or removed, except that the information may be disclosed in statistical summaries or reports which do not identify the person by name or license number and in any enforcement action under
s. 29.99 (1m).
29.38 Annotation
All illegal clamming violations are punishable by forfeiture under s. 29.99 (1m) (a) except violations of the possession provisions of this section. State v. Ahrling, 191 W (2d) 398, 528 NW (2d) 431 (1995).
29.39
29.39
Possession during closed season or in excess of bag limit. Except as otherwise expressly provided, no person may have in the person's possession or under the person's control, or have in storage or retention for any person, any wild animal, or the carcass or part thereof, that was taken during the closed season for that wild animal or that is in excess of the bag or possession limit or contrary to the size limits for that wild animal. The open and closed seasons and the bag, possession and size limits of the state, province or country in which a wild animal was taken shall apply to the wild animal if it was lawfully killed outside of this state.
29.39 History
History: 1975 c. 360,
421;
1993 a. 410.
29.395
29.395
Game, possession in open season. It shall be unlawful to have in possession or under control at any time the carcass or part of the carcass or skin of any protected wild animal showing that the same has been taken during the close season for such animal.
29.40
29.40
Possession of deer; heads and skins. 29.40(1)
(1)
Definitions. In this section:
29.40(1)(a)
(a) "Law enforcement officer" means a warden or any other law enforcement officer authorized by the department to issue tags for car kill deer.
29.40(1)(b)
(b) "Validated" means marked with specified information in the manner required by the department.
29.40(2)
(2) Deer tags. Except as provided under
sub. (5) and
s. 29.405 (3), any person who kills a deer shall immediately attach to the ear or antler of the deer a current validated deer carcass tag which is authorized for use on the type of deer killed. Except as provided under
sub. (2m) or
s. 29.578 (7),
(8) or
(14), no person may possess, control, store or transport a deer carcass unless it is tagged as required under this subsection.
29.40(2m)
(2m) Removal and retention of tags. 29.40(2m)(a)(a) A deer carcass tag attached under
sub. (2) and a registration tag attached by the department or a car kill tag attached under
sub. (5) may be removed from a gutted carcass at the time of butchering, but the person who killed or obtained the deer shall retain all tags until the meat is consumed.
29.40(2m)(b)
(b) Any person who retains a tag under
par. (a) may give deer meat to another person. The person who receives the gift of deer meat is not required to possess a tag.
29.40(3)
(3) Heads and skins. The head and skin of any deer lawfully killed, when severed from the rest of the carcass, are not subject to this chapter; but no person shall have possession or control of the green head or green skin of a deer during the period beginning 30 days after the close of the open deer season and the opening of the succeeding season, or at any time a deer head in the velvet, or a deer skin in the red, blue or spotted coat.
29.40(4)
(4) Antlers removed or broken. Any deer taken during an open season for hunting antlered deer only or for hunting antlerless deer only from which the antlers have been removed, broken, shed or altered so as to make determination of the legality of the deer impossible is an illegal deer.
29.40(5)(a)(a) Any person who while operating a motor vehicle on a highway accidentally collides with and kills a deer may retain possession of the carcass. If the motor vehicle operator does not want to retain the carcass, the carcass may be retained by any other person at the scene of the accident.
29.40(5)(b)
(b) No person may retain possession of the carcass of a deer killed in the manner specified in
par. (a) and remove the carcass from the scene of the accident unless one of the following apply:
29.40(5)(b)1.
1. The person has the carcass tagged by a law enforcement officer.
29.40(5)(b)2.
2. The person contacts a law enforcement officer and gives his or her name, the location of the carcass and the date and the time, and the law enforcement officer approves the removal and gives the person the instructions and location for having the carcass tagged at a later time.
29.40(5)(c)
(c) The person removing a carcass under the procedure specified in
par. (b) 2. shall have the carcass tagged within 24 hours after receiving the instructions under
par. (b) 2.
29.40(5)(d)
(d) No fee may be charged for a tag issued under this subsection.
29.40(6)
(6) Farm-raised deer. This section does not apply to farm-raised deer.
29.40 Annotation
Only tag of person who kills deer may be attached under (2). State v. Skow, 141 W (2d) 49, 413 NW (2d) 650 (Ct. App. 1987).
29.405
29.405
Group deer hunting. 29.405(1)(a)
(a) "Contact" means visual or voice contact without the aid of any mechanical or electronic amplifying device other than a hearing aid.
29.405(1)(b)
(b) "Group deer hunting party" means 2 or more hunters hunting in a group all using firearms, each of whom holds an individual license to hunt deer.
29.405(2)
(2) Any member of a group deer hunting party may kill a deer for another member of the group deer hunting party if both of the following conditions exist:
29.405(2)(a)
(a) At the time and place of the kill, the person who kills the deer is in contact with the person for whom the deer is killed.
29.405(2)(b)
(b) The person for whom the deer is killed possesses a current unused deer carcass tag which is authorized for use on the deer killed.
29.405(3)
(3) A person who kills a deer under
sub. (2) shall ensure that a member of his or her group deer hunting party without delay attaches a current validated deer carcass tag to the deer in the manner specified under
s. 29.40 (2). The person who kills the deer may not leave the deer unattended until after it is tagged.
29.405 History
History: 1983 a. 546.
