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.
29.41
29.41
Skins of fur-bearing animals. No person may do any of the following:
29.41(1)
(1) Possess or control the skin of any mink, muskrat, fisher, pine marten or otter showing that the animal was shot.
29.41(2)
(2) Possess or control the green skin of any fur-bearing animal, except beaver, from the 5th day after the beginning of the closed season for that animal until the end of that closed season.
29.41(3)
(3) Possess the raw skin of any muskrat, mink, otter, fisher or pine marten at any time unless the person is the holder of a scientific collector permit, fur dealer license, trapping license or resident conservation patron license of current issue. No license is required for a person breeding, raising and producing domestic fur-bearing animals in captivity as defined in
s. 29.579 or for a person authorized to take muskrats on a cranberry marsh under a permit issued to the person by the department.
29.415
29.415
Endangered and threatened species protected. 29.415(1)(1)
Purpose. The legislature finds that certain wild animals and wild plants are endangered or threatened and are entitled to preservation and protection as a matter of general state concern. The federal endangered species act of 1973 and the Lacey act together provide for the protection of wild animals and wild plants threatened with worldwide extinction by prohibiting the importation of endangered or threatened wild animals and wild plants and by restricting and regulating interstate and foreign commerce in wild animals and wild plants taken in violation of state, federal and foreign laws. The states, however, must also assume their responsibility for conserving these wild animals and wild plants and for restricting the taking, possession, transportation, processing or sale of endangered or threatened wild animals and wild plants within their respective jurisdictions to assure their continued survival and propagation for the aesthetic, recreational and scientific purposes of future generations. The legislature finds that by restricting the taking, possession or marketing of endangered species in this state and by establishing a program for conservation and restoration of these endangered or threatened species, their potential for continued existence will be strengthened. The legislature further finds that the activities of both individual persons and governmental agencies are tending to destroy the few remaining whole plant-animal communities in this state. Since these communities represent the only standard against which the effects of change can be measured, their preservation is of highest importance, and the legislature urges all persons and agencies to fully consider all decisions in this light.
29.415(2)
(2) Definitions. For purposes of this section:
29.415(2)(a)
(a) "Endangered species" means any species whose continued existence as a viable component of this state's wild animals or wild plants is determined by the department to be in jeopardy on the basis of scientific evidence.
29.415(2)(am)
(am) "State agency" means a board, commission, committee, department or office in the state government. "State agency" does not include the department of natural resources or the office of the governor.
29.415(2)(b)
(b) "Threatened species" means any species of wild animals or wild plants which appears likely, within the foreseeable future, on the basis of scientific evidence to become endangered.
29.415(2)(bn)
(bn) "Whole plant-animal community" means a group of species living together in a particular area, time and habitat.
29.415(2)(c)
(c) "Wild animal" means any mammal, fish, wild bird, amphibian, reptile, mollusk, crustacean, or arthropod, or any part, products, egg or offspring thereof, or the dead body or parts thereof.
29.415(2)(d)
(d) "Wild plant" means any undomesticated species of the plant kingdom occurring in a natural ecosystem.
29.415(3)
(3) Endangered and threatened species list. 29.415(3)(a)(a) The department shall by rule establish an endangered and threatened species list. The list shall consist of 3 parts: wild animals and wild plants on the U.S. list of endangered and threatened foreign species; wild animals and wild plants on the U.S. list of endangered and threatened native species; and a list of endangered and threatened Wisconsin species. Wisconsin endangered species shall be compiled by issuing a proposed list of species approaching statewide extirpation. Wisconsin threatened species shall be compiled by issuing a proposed list of species which appear likely, within the foreseeable future, to become endangered. Issuance of the proposed lists shall be followed by solicitation of comments and public hearing. Wild animals and wild plants shall be deemed approaching statewide extirpation if the department determines, based upon the best scientific and commercial data available to it, after consultation with other state game directors, federal agencies and other interested persons and organizations, that the continued existence of such wild animals and wild plants in this state is in jeopardy.
29.415(3)(b)
(b) The department shall periodically review and, following public hearing, may revise its endangered and threatened species list. A summary report of the scientific data used to support all amendments to the state's endangered and threatened species list shall be maintained by the department.
