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.
29.427(3)(a)(a)
Restrictions on sale of wild skunks. No person may sell any live wild skunk unless authorized under
s. 29.55 and unless the person to whom the skunk is sold is also authorized under
s. 29.55.
29.427(3)(b)
(b)
Restrictions on sale of domestic skunks. No person may sell any live domestic skunk unless authorized under
s. 29.55 or
29.575 and unless the purchaser is also authorized under one of those sections and presents evidence of that authorization to the seller.
29.427(3)(d)
(d)
Return of domestic skunks. A person who sells any live skunk shall inform the purchaser that the release of a skunk is illegal and that the seller will accept the return of the skunk.
29.427(3)(e)
(e)
Local prohibition. The governing body of a county, city, village or town may, by ordinance, prohibit the sale of any live skunk.
29.427(4)
(4) Descenting. No person may operate on a live wild skunk to remove its scent glands unless the person who possesses the skunk is authorized under
s. 29.55. A veterinarian to whom a person brings a live wild skunk for removal of its scent glands or for other treatment shall notify that person that possession of a live skunk is illegal and shall notify the department.
29.427(5)
(5) Release. No person may release a domestic skunk into the environment.
29.427(6)
(6) Destruction. A person may kill at any time a wild skunk which is a nuisance to activities authorized under
s. 29.55,
29.572,
29.574,
29.575,
29.578 or
29.585. A person who kills an adult wild skunk with young shall attempt to kill the young skunks.
29.427(7)
(7) Penalty. A person who violates this section shall forfeit not less than $100 nor more than $1,000.
29.43
29.43
Transportation; general provisions. 29.43(1)
(1)
During close season. Except as otherwise expressly provided, it shall be unlawful for any person to transport or cause to be transported, or deliver or receive or offer to deliver or receive for transportation, any game or game fish or carcass or part thereof at any time other than during the open season therefor and 3 days thereafter. Whenever any game or game fish or carcass or part thereof is offered to any person for transportation at any time other than during the open season therefor and 3 days thereafter, such person shall forthwith notify the department or its wardens, stating full particulars of such offer and by whom made.
29.43(2)
(2) Trunks; valises. No person shall carry or control in any trunk, valise, or other package or enclosure, at any time on any common carrier, any game or game fish, or carcass or part thereof.
29.43(3)
(3) Transportation employes. No employe of any railroad, express or other transportation company, and no steward, porter or other employe of any dining, parlor or sleeping car shall have possession or control of, at any time while on duty, any game or game fish, or carcass or part thereof.
29.43(4)
(4) Labeling game shipments. No person shall transport or cause to be transported, or deliver or receive for transportation, any package or parcel containing any wild animal or carcass or part thereof, unless the same is labeled in plain letters on the address side of such package or parcel so as to disclose the name and address of the consignor, the name and address of the consignee, and the number of pounds of each kind of fish or the number of each variety of other wild animals; or carcasses, or parts thereof, contained therein; and unless the consignor is the owner of such shipment and shall deliver to the common carrier therewith, either personally, or by agent, a writing signed by the consignor personally, stating that the consignor is the owner of the shipment.
29.43(5)(a)(a) Subsections (1) to
(4) do not apply to a person who is issued a valid taxidermist permit and who possesses, transports, causes to be transported, delivers or receives, or offers to deliver or receive a wild animal carcass in connection with his or her business.
29.43(5)(b)
(b) Subsections (1) to
(4) do not apply to the possession, transportation, delivery or receipt of farm-raised deer.
29.44
29.44
Interstate transportation of game. 29.44(1)
(1) No person shall transport or cause to be transported, or deliver or receive or offer to deliver or receive for transportation, into or through this state, any game or game fish or carcass or part thereof from any other state in violation of the laws of such state relating to the transportation thereof; nor any game or game fish or carcass or part thereof lawfully transported from any other state, nor have possession or control of the same, during the close season or in excess of the limitations prescribed for such animal in this chapter, unless the person shall possess a license to take that animal duly issued to the person by the state in which taken; but any person who has lawfully killed a deer in this state may, on his or her license only, take such deer into any adjoining state, if the laws thereof permit, and ship the same from any point in that state to any point within this state.
29.44(2)
(2) Subsection (1) does not apply to a person who is issued a valid taxidermist permit and who possesses, transports, causes to be transported, delivers or receives, or offers to deliver or receive a wild animal carcass in connection with his or her business.
29.44(3)
(3) Subsection (1) does not apply to the possession, transportation, delivery or receipt of farm-raised deer.
29.45
29.45
Transportation of deer. 29.45(1)
(1) No common carrier may receive for transportation or transport or attempt to transport any deer or carcass except as provided in this section.
29.45(2)
(2) Any person may transport a lawfully taken deer if it is properly tagged and registered, except as otherwise provided by rule during the open season for deer and for 3 days thereafter.
29.45(3)
(3) The place of delivery of any shipment authorized under this section by a resident shall be within the state and by a nonresident shall be either within the state or at his or her residence outside the state.
29.45(4)
(4) This section does not apply to a bona fide public zoo.
29.45(5)
(5) This section does not apply to a person who is issued a valid taxidermist permit and who is transporting, attempting to transport or receiving the carcass of a deer in connection with his or her business.
29.45(6)
(6) This section does not apply to the transportation of farm-raised deer.
29.46
29.46
Transportation of game birds. 29.46(1)
(1)
Transportation. No common carrier shall receive for transportation or transport or attempt to transport any game bird, or carcass or part thereof except as provided in this section.
29.46(2)
(2) Residents. Any duly licensed resident may transport in the resident's personal possession the legal daily bag limit or possession limit of any game birds for which an open season has been provided to any point within the state.
29.46(3)
(3) Nonresidents. Any duly licensed nonresident may transport in the nonresident's personal possession the legal daily bag limit or possession limit of game birds for which an open season has been provided from any point within the state to any point within or without the state.
29.46(4)(a)(a) In this subsection "migratory game bird" means any bird defined as such by the secretary of the interior in the code of federal regulations.
29.46(4)(b)
(b) No person may transport any migratory game bird for which open seasons are prescribed, unless the head or one fully feathered wing remains attached to each bird while being transported from the place where taken to the personal residence of the possessor or to a commercial preservation facility.
29.46(5)
(5) Exemption; taxidermists. Subsections (1) to
(3) do not apply to a person who is issued a valid taxidermist permit and who is transporting the carcass of a game bird in connection with his or her business.
