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.
29.415(6m)(c)5.
5. Any other measures that the department may determine to be necessary or appropriate.
29.415(6m)(d)
(d) The implementing agreement required under
par. (c) shall specifically name, and describe the obligations and responsibilities of, all the parties that will be involved in the taking as authorized by the permit.
29.415(6m)(e)
(e) Upon receipt of an application for a permit and the accompanying conservation plan and implementing agreement for a proposed taking, the department shall publicize the application by announcing the application receipt and by giving a brief description of the proposed taking. The department publicity shall be distributed to the news media in the vicinity of the proposed taking and to the official state newspaper designated under
s. 985.04. The department shall, by rule, establish a list of organizations, including nonprofit conservation groups, that have a professional, scientific or academic interest in endangered species or in threatened species. The department shall give notification of proposed takings under this subsection to these organizations. The department shall establish a procedure for receipt of public comment on the proposed taking.
29.415(6m)(f)
(f) After having considered the public comment received on the proposed taking, the department shall issue the permit if the department finds, based on the permit application, the conservation plan and the implementing agreement, the taking will meet all of the following requirements:
29.415(6m)(f)1.
1. The taking will not be the purpose of, but will be only incidental to, the carrying out of a lawful activity.
29.415(6m)(f)2.
2. The parties specified under
par. (d) will, to the maximum extent practicable, minimize and mitigate the impact caused by the taking.
29.415(6m)(f)3.
3. The parties specified under
par. (d) will ensure that adequate funding for the conservation plan will be provided.
29.415(6m)(f)4.
4. The taking will not appreciably reduce the likelihood of the survival or recovery of the endangered species or threatened species within the state, the whole plant-animal community of which it is a part or the habitat that is critical to its existence.
29.415(6m)(g)
(g) The department may require that a party specified under
par. (d) make additional assurances that the requirements under
par. (f) 1. to
5. will be met before issuing a permit under
par. (f).
29.415(6m)(h)
(h) The department shall impose on the permit any terms or conditions that the department finds necessary to ensure that the requirements under
par. (f) 1. to
5. will be met. These terms or conditions may include reporting and monitoring requirements. These terms or conditions are modifiable only as provided under
par. (hm).
29.415(6m)(hm)
(hm) The terms or conditions of a permit shall be modified if one of the following applies:
29.415(6m)(hm)1.
1. The modification is expressly provided in the conservation plan, implementing agreement or permit.
29.415(6m)(hm)3.
3. Just cause exists based upon a written finding of necessity by the secretary.
29.415(6m)(i)
(i) The department shall revoke a permit issued under this subsection if it finds that a party specified under
par. (d) fails to comply with the terms and conditions of the permit.
29.415(6m)(j)
(j) A permit issued by the department is not required if a federal permit under
16 USC 1539 has been issued and if the federal fish and wildlife service consulted with the department in the process of determining whether to issue the federal permit.
29.415(6m)(k)
(k) Paragraphs (b) to
(j) do not apply to activities by a state agency or by the department under
sub. (6r).
29.415(6r)(a)(a) A state agency shall notify the department at the earliest opportunity of the location, nature and extent of a proposed activity that the state agency may conduct, approve or fund and that may affect an endangered species or threatened species. The department may allow the taking of an endangered species or threatened species if all of the following apply:
29.415(6r)(a)1.
1. The activity is accomplished in accordance with interagency consultation procedures established by the department and the state agency for the purpose of minimizing any adverse effect on the endangered species or threatened species.
29.415(6r)(a)2.
2. The activity is not likely to jeopardize the continued existence and recovery of the endangered species or threatened species, or the whole plant-animal community of which it is a part, within this state and the activity is not likely to result in the destruction or adverse modification of a habitat that is critical to the continued existence of the endangered species or the threatened species within the state, as determined by the department under
par. (b).
29.415(6r)(a)3.
3. The benefit to public health, safety or welfare justifies the activity.
29.415(6r)(b)
(b) For purposes of
par. (a) 2., the department shall determine whether a habitat is critical to the continued existence of an endangered species or threatened species by considering the endangered species' or threatened species' global and state element ranking as defined by the methodology used by the natural heritage inventory program.
29.415(6r)(bn)
(bn) The department may allow an activity by the department itself that results in the taking of an endangered species or threatened species if the activity is accomplished with procedures established by the department for the purpose of minimizing any adverse effect on the endangered species or threatened species and if
pars. (a) 2. and
3. and
(b) apply.
29.415(6r)(c)
(c) The department shall notify the state agency if the department determines that there is reasonable cause for the department to determine that an activity by the state agency is not being carried out in compliance with this subsection or with any environmental protection requirements developed through interagency consultation procedures. If the secretary of natural resources and the head, as defined in
s. 15.01 (8), of the state agency are unable to agree upon methods or time schedules to be used to correct the alleged noncompliance, the department may bring any action or initiate any other proceedings to enforce compliance with this subsection.
29.415(6r)(d)
(d) The department and the state agency shall exchange information and cooperate in the planning and implementation of any activity relating to the taking of any endangered species or threatened species in order to alleviate, to the maximum extent practicable under the circumstances, any potential adverse effect on the endangered species or the threatened species.
29.415(6r)(e)1.1. Except as provided in
subd. 2., cooperation between the department and the state agency under
par. (d) shall include conducting reasonable surveys and reasonable biological assessments as determined by the department.
29.415(6r)(e)2.
2. Subdivision 1. does not apply if the department states in writing that it has data that is sufficient to make a determination that the proposed taking will not reduce the likelihood of the survival or recovery of the endangered species or threatened species within the state, the whole plant-animal community of which it is a part or the habitat that is critical to its existence.
29.415(6r)(em)1.1. Before allowing the taking of an endangered species or threatened species under this subsection, the department shall give notice of the proposed activity to the news media throughout the state and to any person who wants to receive notification of proposed takings under this subsection and who has so informed the department in writing. The department shall transmit the notice at least 30 days before allowing the taking except as provided in
subd. 2.
29.415(6r)(em)2.
2. If the department determines that it cannot comply with the 30-day time limit in
subd. 1., the department shall transmit the notice as far in advance as is practicable before allowing the taking.
29.415(6r)(f)
(f) In addition to any requirements under
s. 1.11, the department may give public notice of and hold public hearings on the activities of state agencies or the department under this subsection.
29.415(7)(a)(a) The department shall conduct research on the endangered and threatened species of this state and shall implement programs directed at conserving, protecting, restoring and propagating selected state-endangered and threatened species to the maximum extent practicable.
29.415(7)(b)
(b) The department may enter into agreements with federal agencies, other states, political subdivisions of this state or private persons with respect to programs designed to conserve endangered or threatened species of wild animals or wild plants. Agreements with private persons under this paragraph may include providing for the movement of an endangered or threatened species to another appropriate habitat, preferably to a habitat located on state-owned or state-leased land.
29.415(8)
(8) Exemptions. This section shall not apply to zoological societies, municipal zoos, or officers or employes thereof.
29.415 Annotation
This section does not form basis for seeking injunctive relief against proposed relocation of county highway. Robinson v. Kunach, 76 W (2d) 436, 251 NW (2d) 449.
29.415 Annotation
DNR refusal to engage in rulemaking to add bobcat to endangered species list was proper where scientific evidence presented was inconclusive. Barnes v. DNR, 184 W (2d) 645, __ NW (2d )__ (1994).
29.415 Annotation
Discussion of effect and constitutionality of law broadening endangered species protection to include threatened species. 68 Atty. Gen. 9.
29.42
29.42
Possession of game birds and animals. 29.42(1)(1)
Approval necessary. No person, except a person who is issued a valid hunting license, sports license, a conservation patron license, taxidermist permit or scientific collector permit and who is carrying this approval on his or her person, may possess or have under his or her control any game bird, animal or the carcass of any game bird or animal.
29.42(2)
(2) Nests and eggs. No person, except a person who is issued a valid scientific collector permit, may take, needlessly destroy or possess or have under his or her control the nest or eggs of any wild bird for which a closed season is prescribed under this chapter.
29.42(3)
(3) Mounted collections. This section shall not permit seizure of nor prohibit possession or sale of lawfully obtained wild birds and animals which are mounted or in the process of being mounted for a private collection.
29.42(4)
(4) Farm-raised deer. This section does not permit the seizure by the department, or prohibit the possession or sale, of farm-raised deer.
29.425
29.425
Possession and sale of live game animals and fur-bearing animals. 29.425(1)(1)
Definitions. As used in this section:
29.425(1)(a)
(a) "Control temporarily" means to possess an animal for a limited period of time for one of the following purposes:
29.425(1)(a)1.
1. Removal or transportation of an animal from one location to a more appropriate location.
29.425(1)(a)2.
2. Restraint or transportation of an animal for treatment or medical care.
29.425(1)(a)3.
3. Restraint or transportation of an animal for game censuses, surveys or other purposes authorized by the department.
29.425(1)(b)
(b) "Possess" means to own, restrain, keep in captivity or transport an animal.
29.425(2)(b)
(b)
Local prohibition. The governing body of any county, city, village or town may, by ordinance, prohibit a person from possessing any live game animal or fur-bearing animal.
29.425(3)(a)(a)
Restrictions. No person may sell any live game animal or fur-bearing animal unless authorized under
s. 29.55,
29.572,
29.574,
29.575,
29.578 or
29.585 and unless the purchaser is also authorized under one of those sections and presents evidence of that authorization to the seller.
29.425(3)(b)
(b)
Record. A person who sells any live game animal or fur-bearing animal shall keep a record of each sale, the name and address of the purchaser, the type of authorization or license held by the purchaser and its number, if any, the date of sale and a description of the animal. The record shall be kept for 2 years after the sale and shall be open to inspection by the department.
29.425(3)(c)
(c)
Local prohibition. The governing body of any county, city, village or town may, by ordinance, prohibit the sale of any live game animal or fur-bearing animal.
29.425(4)
(4) Hunting and trapping. A person who hunts or traps any game animal or fur-bearing animal shall kill the animal when it is taken and make it part of the daily bag or shall release the animal unless authorized under
s. 29.55,
29.572,
29.574,
29.575,
29.578 or
29.585.
29.425(4m)
(4m) Applicability. This section does not apply to farm-raised deer.
29.425(5)
(5) Penalty. A person who violates this section shall forfeit not less than $100 nor more than $1,000.
29.427
29.427
Possession, sale, release and destruction of live skunks. 29.427(1)(1)
Definitions. As used in this section:
29.427(1)(a)
(a) "Control temporarily" means to possess a skunk for a limited period of time for one of the following purposes:
29.427(1)(a)1.
1. Removal or transportation of a skunk from one location to a more appropriate location.
29.427(1)(a)2.
2. Restraint or transportation of a skunk for game censuses, surveys or other purposes authorized by the department.
29.427(1)(b)
(b) "Domestic skunk" means a skunk raised on a fur animal farm licensed under
s. 29.575.
29.427(1)(d)
(d) "Wild skunk" means any skunk except a domestic skunk.
29.427(2)(a)(a)
Restrictions on possession of wild skunks. No person may possess any live wild skunk unless authorized under
s. 29.55 except to control the skunk temporarily.
29.427(2)(b)
(b)
Restrictions on possession of domestic skunks. No person may possess any live domestic skunk unless authorized under
s. 29.55 or
29.575 except to control the skunk temporarily.
29.427(2)(c)
(c)
Local prohibition. The governing body of any county, city, village or town may, by ordinance, prohibit a person from possessing any live wild or domestic skunk.
