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.
29.415(3)(c)
(c) The department may upon the petition of 3 persons review any listed or unlisted wild animal or wild plant if the persons present scientific evidence to warrant such a review, after which the department may by hearing and rule amend the statewide list.
29.415(4)
(4) Prohibition. Except as provided in
sub. (6r) or as permitted by departmental rule or permit:
29.415(4)(a)
(a) No person may take, transport, possess, process or sell within this state any wild animal specified by the department's endangered and threatened species list.
29.415(4)(b)
(b) No person may process or sell to another person a wild plant of an endangered or threatened species.
29.415(4)(c)
(c) No person may do any of the following to any wild plant of an endangered or threatened species that is on public property or on property that he or she does not own or lease, except in the course of forestry or agricultural practices or in the construction, operation or maintenance of a utility facility:
29.415(4)(c)1.
1. Remove, transport or carry away the wild plant from the place where it is growing.
29.415(4)(c)2.
2. Cut, root up, sever, injure or destroy the wild plant.
29.415(5)(a)1.1. Whoever violates
sub. (4) (a) or any rules promulgated under it shall forfeit not less than $500 nor more than $2,000. In addition, the court shall order the revocation of all hunting approvals issued to the person under this chapter and shall prohibit the issuance of any new hunting approvals under this chapter for one year. Whoever intentionally violates
sub. (4) (a) or any rules promulgated under it shall be fined not less than $2,000 nor more than $5,000 or imprisoned for not more than 9 months or both. In addition, the court shall order the revocation of all hunting approvals issued to the person under this chapter and shall prohibit the issuance of any new hunting approvals under this chapter for 3 years.
29.415(5)(a)2.
2. Whoever violates
sub. (4) (b) or
(c) or any rules promulgated under those paragraphs shall forfeit not more than $1,000. Whoever intentionally violates
sub. (4) (b) or
(c) or any rules promulgated under those paragraphs shall be fined not more than $1,000 or imprisoned for not more than 9 months or both.
29.415(5)(b)
(b) Any officer employed and authorized by the department, or any police officer of this state or of any municipality or county within this state, shall have the authority to execute a warrant to search for and seize any goods, business records, merchandise or wild animal or wild plant taken, employed, used or possessed in violation of this section. Any such officer or agent may, without a warrant arrest any person whom the officer or agent has probable cause to believe is violating this section in his or her presence or view. An officer or agent who has made an arrest of a person in connection with any violation under this section may search the person or business records at the time of arrest and seize any wild animals and wild plants, records, or property taken, used or employed in connection with any violation.
29.415(5)(c)
(c) Goods, merchandise, wild animals, wild plants or records seized under
par. (b) shall be held by an officer or agent of the department pending disposition of court proceedings and thereafter be forfeited to the state for destruction or disposition as the department deems appropriate. Prior to forfeiture, the department may direct the transfer of wild animals or wild plants so seized to a qualified zoological, educational or scientific institution or qualified private propagator for safekeeping with costs assessable to the defendant.
29.415(6)(a)(a) The department shall issue a permit, under such terms and conditions as it may prescribe by rule, authorizing the taking, exportation, transportation or possession of any wild animal or wild plant on the list of endangered and threatened species for zoological, educational or scientific purposes, for propagation of such wild animals and wild plants in captivity for preservation purposes, unless such exportation, possession, transportation or taking is prohibited by any federal law or regulation, or any other law of this state.
29.415(6)(b)
(b) Any endangered species of wild animal or wild plant which enters the state from another state or from a point outside the territorial limits of the United States and which is being transported to a point within or beyond the state may enter the state and be transported without restriction in accordance with the terms of any federal permit or permit issued under the laws or regulations of another state.
29.415(6)(c)
(c) Possession, sale or transportation within this state of any endangered species on the U.S. list of endangered and threatened foreign species shall not require a state permit under
par. (a).
29.415(6m)(b)
(b) The department may issue a permit, under such terms and conditions as it may prescribe, authorizing a taking that otherwise is prohibited by this section if the taking is not for the purpose of, but will be only incidental to, the carrying out of an otherwise lawful activity.
29.415(6m)(c)
(c) The department may not issue a permit under this subsection unless an applicant for the permit submits to the department a conservation plan and an implementing agreement. The conservation plan shall include all of the following:
29.415(6m)(c)1.
1. A description of the impact that will likely occur as a result of the taking of an endangered species or threatened species that is specified on the department's endangered and threatened species list.
29.415(6m)(c)2.
2. The steps that the parties specified under
par. (d) will take to minimize and mitigate the impact that the endangered species or the threatened species will suffer.
29.415(6m)(c)3.
3. A description of the funding that the parties specified under
par. (d) will have available to implement the steps specified under
subd. 2.
29.415(6m)(c)4.
4. A description of the alternative actions to the taking that the parties in
par. (d) have considered and the reasons that these alternatives will not be utilized.
