29.49(1)(b)
(b) The department may issue permits authorizing the serving of lawfully taken and possessed wild animals at any time.
29.49(2)
(2) Free lunch. The giving, offering, or affording opportunity to take free lunch in any of the places named in
sub. (1) shall be held to be embraced within the prohibitions thereof.
29.49(3)
(3) Exemption. This section does not apply to the meat from farm-raised deer.
29.50
29.50
Propagation privileged. Nothing in the foregoing provisions concerning the protection of wild animals shall affect the operation of state hatcheries, the removal of fish which have died from natural causes or the removal of deleterious fish by the department or under its authority; or the propagation or transportation, collecting and transplanting of fish or fish fry by state authority; nor the transportation of fish into or through this state or out of it by the commissioners of fisheries of other states or of the United States; nor the operation of private fish hatcheries, or the propagation of fish in private waters, or the transportation and sale of fish therefrom as hereinafter provided; but the department, or its agents and employes, shall not furnish fish or fry from state hatcheries to private ponds, private clubs, corporations or preserves, and shall not plant them in waters where the general public is not allowed the rights and privileges enjoyed by any individual.
29.50 Annotation
Under 29.50 and 30.77, department may refuse to stock waters where public access is inadequate. 68 Atty. Gen. 233.
29.51
29.51
State propagation of fish. 29.51(1)
(1)
State fish hatcheries. The department shall have general charge of the following matters, and all necessary powers therefor, namely:
29.51(1)(a)
(a) The propagation and breeding of fish of such species and varieties as they deem of value.
29.51(1)(b)
(b) The collection and diffusion of useful information in regard to the propagation and conservation of fish.
29.51(1)(c)
(c) The government and control, care, supply, and repair of the state fish hatcheries and the grounds used therefor, whether owned or leased, and the buildings, ponds, fish car and other apparatus, and all other property belonging to or held by the state for the propagation of fish.
29.51(1)(d)
(d) The purchase and establishment and control, in like manner, of new hatcheries when appropriations shall be made by law, and the establishment of such temporary hatching stations as they may deem necessary. With the consent and approval of the department, lands may be acquired by grant, devise or conveyance constituting a voluntary donation to or purchase by the state for the express purpose of enabling it to use such lands for establishing hatcheries and the propagation of fish.
29.51(1)(e)
(e) The receiving from the U.S. commissioners of fisheries, from the commissioners of fisheries of other states or from other persons of all spawn, fry or fish donated to the state or purchased, and in the most practical ways, by exchange or otherwise, to procure, receive, distribute and dispose of spawn and fish; to make contracts and carry on the same for the transportation of fish cars, cans, departmental officers and employes by land or water as is most advantageous to the state; and to take such other measures as in their judgment best promotes the abundant supply of food fishes in the waters of the state.
29.51(1)(f)
(f) The department shall keep an inventory of the property of the several hatcheries, with the cost of each article, and account in detail and separately of the expenses of each hatchery; also of the distribution of the fish, of maintaining and repairing property and of such improvements as may be ordered.
29.51(2)
(2) Transplantation of fish. The department may take or cause to be taken fish at any time of the year from any waters of the state for stocking other waters or for the purpose of securing eggs for artificial propagation. These fish or eggs may be taken only under a special permit issued by the department and only in the presence of the department or its wardens. This permit shall specify the kinds of fish that may be taken and the manner in which they may be taken. This permit is subject to the conditions that the holder pay for the services of and furnish free transportation and meals on his or her boat to a competent person approved by the department to spawn the fish and fertilize the eggs and that the eggs are delivered at the place designated by the department.
29.51(3)
(3) Delivery of spawn. Any person fishing in any waters of this state shall deliver, on demand, to the department or its wardens or authorized agents, all kinds of fish, during the spawning season, for the purpose of being stripped of their eggs and milt; and the person receiving them shall, immediately after having stripped the fish, return them to the person from whom received. Any such person shall permit the department, or its wardens, or authorized agents to enter any boats, docks, grounds or other places where such fish may be, for the purpose of stripping the same while alive, and shall render such assistance as may be necessary to expedite the work of mixing the eggs and milt for proper impregnation.
29.51(4)
(4) Removal of spawn or fish from state. No person shall remove any fish eggs or live fish from this state except as authorized by law, unless a permit therefor has been issued to the person by the department.
29.51(5)
(5) Unlawful fishing by employes. No employe of the department, and no other person, while engaged in catching wild fish from the public waters for purposes of artificial propagation, shall take or have possession or control of any kind of fish other than those that the person has been directed, by the department, to take therefrom.
29.51(6)
(6) Erection of barriers to exclude rough fish. The department may for any period in its discretion erect and maintain or authorize erection and maintenance of a screen or similar barrier in any navigable stream for the purpose of preventing rough fish or other fish found to be undesirable from invading any part of such stream, provided such screen or barrier does not unreasonably interfere with navigation.
29.51(7)
(7) Cooperation during a fish census. 29.51(7)(a)(a) A person who is fishing shall cooperate with an employe of the department when the employe is involved in taking a fish census.
29.511
29.511
Cold water fish hatchery. In exercising the powers granted to the department under
s. 29.51 the department shall purchase and establish fish hatchery facilities specializing in the production of cold water fish. The hatchery shall be located in a county centrally situated and no farther than 40 miles from Lake Michigan. The capacity of the fish hatchery should permit a minimum of 40,000 pounds of fish production.
29.511 History
History: 1977 c. 432.
29.512
29.512
Well disruptions caused by Bayfield hatchery operations. 29.512(1)(1) Upon complaint in writing by an owner or lessee of land to the department that operation of the well by the department at the Bayfield fish hatchery has caused damage through disruption of well operations located within 10,000 feet of the fish hatchery well, the department shall inquire into the matter. If it appears to the department that the facts stated in the complaint are true, the department shall pay to the claimant the amount of such damages, as determined by the department.
29.512(2)
(2) If the department determines not to pay the claim or if the amount of damages cannot be agreed upon, the claimant may present the claim to the claims board in accord with
s. 16.007.
29.512 History
History: 1973 c. 333;
1991 a. 316.
29.513
29.513
Permit for private management. 29.513(1)
(1) Any person or persons owning all of the land bordering on any navigable lake that is completely landlocked may apply to the department for a permit to remove, destroy or introduce fish in such lake.
29.513(2)
(2) Upon receiving such application the department shall hold a public hearing in the vicinity of such lake, and if the hearing is favorable the department may issue a permit authorizing the applicant to remove, destroy or introduce fish in such lake.
29.513(3)
(3) Such permit shall be subject to such terms, conditions and limitations as the department deems proper. All work done under the authority of such permit shall be under the supervision of the department or its agents, who shall be afforded free access to such lake at all times for such purpose by the permittee. The expenses of such supervision shall be paid by the permittee.
29.513(4)
(4) All fish removed from such lake under such permit shall be turned over to the department.
29.515
29.515
Trespass to state fish hatchery. Whoever does any of the following shall be subject to the penalties under
s. 29.99 (1):
29.515(1)
(1) Without proper authority, enters upon the grounds of any state fish hatchery for the purpose of killing or taking fish therefrom; or
29.515(2)
(2) Without proper authority, kills, takes or catches any fish from any waters or grounds which the person knew or should have known belonged to or were connected with any state fish hatchery; or
29.515(3)
(3) Without proper authority to do so, intentionally or negligently injures any fish, or in any manner interferes harmfully with the ponds, streams, troughs or other property of a state fish hatchery.
29.515 History
History: 1975 c. 365;
1985 a. 29.
29.52
29.52
Private fish hatcheries. 29.52(1)
(1) Private fish hatchery licenses may be issued by the department under this section.
29.52(2)
(2) The owner or lessee of any lands desiring to construct, operate and maintain a private fish hatchery thereon shall file with the department on forms furnished by it a written application for a private fish hatchery license setting forth:
29.52(2)(a)
(a) The name and address of the owner or lessee.
29.52(2)(b)
(b) The specific description of the lands to be included in the license.
29.52(2)(c)
(c) A description of the water system to be used in the operation of the hatchery.
29.52(2)(d)
(d) A description or diagram showing the ponds, raceways, wells, flumes, dams, buildings and other improvements in connection with the proposed hatchery.
29.52(2)(e)
(e) The title or leasehold of the owner or lessee.
29.52(2)(f)
(f) Such additional information that may be required by the department.
29.52(3)
(3) After May 12, 1965 private fish hatcheries shall be licensed only under the following conditions:
29.52(3)(a)
(a) The water areas included in the licensed area shall be limited to artificially constructed pools, ponds, tanks, flumes and raceways and shall not include any navigable stream, lake, pond or spring unless the department finds after investigation that no substantial public interest exists in such navigable stream, lake, pond or spring and that public or private rights therein will not be damaged.
29.52(3)(b)
(b) The supply of water for the hatchery may be obtained from lakes and ponds and flowing streams by the use of flumes, pipes, ditches and pumps, but the water so obtained shall be discharged from the hatchery into the pond, lake or stream from which taken. All flumes, pipes and ditches used to lead water into and from such hatchery shall be equipped at all times with screens so constructed, placed and maintained as to prevent the passage of fish to or from such hatchery.
29.52(4)(a)(a) "Private fish hatchery, Class A" means any operator who:
29.52(4)(a)1.
1. Maintains and operates an artificial fish hatching facility and purchases fish and fish eggs and produces fish eggs therein for sale or trade; or
29.52(4)(a)2.
2. Hatches fish eggs or rears fish so produced for sale or trade; or
29.52(4)(a)3.
3. Sells or trades fish so produced or permits public fee fishing for fish so produced.
29.52(4)(b)
(b) "Private fish hatchery, Class B" means any operator, other than Class A, who:
29.52(4)(b)1.
1. Has lawful possession of live fish, obtained by purchase or otherwise, for sale or trade; or
29.52(4)(b)2.
2. Rears such fish to a larger size for sale or trade; or
29.52(4)(c)
(c) "Private fish hatchery, Class C" means any operator, other than Class A or Class B, who:
29.52(4)(c)1.
1. Has lawful possession of live eggs or fish obtained by purchase or otherwise; and
29.52(4)(c)2.
2. Maintains and operates an artificial fish hatching facility and hatches eggs but not for sale or trade except that bait minnows so produced may be sold or traded; or
29.52(4)(c)3.
3. Stocks, maintains or holds such live fish eggs or fish for natural propagation, display, or fishing by himself or herself or others, but does not sell or trade such fish eggs or fish and does not permit public fee fishing for such fish; or
29.52(4)(c)4.
4. Stocks, maintains or holds live fish for display or for sale and consumption on the premises; or
29.52(4)(c)5.
5. Sells game fish lawfully in the operator's possession, by purchase or otherwise, to Class A licensees.
29.52(4)(d)
(d) "Private fish hatchery, Class D" means any Class A or Class B licensee who transfers fish produced, reared or possessed by the licensee under a Class A or Class B license to the licensee's holding or rearing ponds situated on lands owned or leased by the licensee but not included in the licensee's Class A or Class B license.
29.52(4)(e)
(e) Each such license shall be limited to not to exceed 160 acres of contiguous lands owned or leased by the licensee. This paragraph shall not be construed to limit the number of licenses which may be issued under this section to any person for private fish hatchery operations on the person's noncontiguous lands.
29.52(4m)
(4m) A private fish hatchery license shall be issued and renewed by the department to any person applying therefor who is the owner or lessee of lands suitable for the propagation of fish in nonnavigable waters.
Subsection (3) (a) shall not apply to this subsection but the remainder of this section which is not inconsistent with this subsection shall apply.
29.52(5)
(5) Upon the filing of the application for a private fish hatchery license, the department shall inspect and investigate the fish hatchery and may hold public hearings on the matter. All expenses of the inspection, except the salary of the employe who inspects the hatchery, shall be paid by the applicant. When satisfied that the applicant is the owner or lessee of the lands described and upon finding that all provisions and conditions of this section have been fully complied with, the department shall issue a license to propagate, rear, sell and possess fish of the kind specified in the license and as provided in this section. All licenses shall be renewed, subject to this section, upon filing of a report with the department containing the information on the operation of the hatchery requested by the department, together with the appropriate license fee.
29.52(6)
(6) Fish, fish fry and fish eggs produced in such private fish hatchery shall be taken, caught, killed or otherwise harvested only by the licensee or the licensee's bona fide regular employes or by persons expressly authorized by the licensee to do so.
29.52(7)
(7) The department may, from year to year, renew any private fish hatchery license issued prior to, and in effect on, May 12, 1965. If a private fish hatchery license is not renewed as provided in
sub. (5) or is terminated for any reason, all rights and privileges of the licensee under such license terminate and thereafter the lands and waters which were included in such license shall be subject to all of the provisions of this section if an application for a license hereunder is made which includes any of such lands or waters.
29.52(8)
(8) Each package, box or container containing fish propagated and raised in any private fish hatchery shall have attached thereto a label as follows: "Shipped from the private fish hatchery of (Name: .... Location: .... License Number: .... )".
29.52(9)
(9) No person shall stock any private fish hatchery with fish or fry obtained from any Wisconsin state-owned fish hatchery, or from any waters of the state except when such fish have been taken in a lawful manner.
29.52(10)
(10) No licensee shall sell or deliver any live fish other than trout for planting or stocking in any unlicensed lake, stream or pond unless a permit for such planting or stocking has been issued under
s. 29.535.
29.52(11)
(11) Any person who, without permission of the licensee, trespasses on any licensed fish hatchery shall forfeit not more than $200; provided that the licensee gives notice by maintaining signboards at least one foot square, in at least 2 conspicuous places on each 40 acres of the lands included in such license. Prosecutions under this subsection shall be by the licensee.
29.52(12)
(12) This section shall not affect any public right of hunting, fishing, trapping or navigation except as herein expressly provided.
29.52(13)
(13) This section shall not apply to civic organizations, organizations operating newspapers or television stations or promoters of sport shows when and in connection with publicly showing or exhibiting or giving demonstrations with trout for periods of not to exceed 10 days.
29.52(14)
(14) Any fish brought into this state for the purpose of planting in a private fish hatchery are subject to
s. 29.535 (1).
29.535
29.535
Introduction of wild animals. 29.535(1)(a)(a) A person must be issued a permit from the department before doing any of the following:
29.535(1)(a)1.
1. Importing into the state any fish, spawn or any other wild animal for the purpose of introducing, stocking or planting that fish, spawn or wild animal.
29.535(1)(a)2.
2. Introducing, stocking or planting any fish, spawn or other wild animal.
29.535(1)(b)
(b) Applications for such permits shall be made in writing to the department.
29.535(1)(c)
(c) Permits for introducing, stocking or planting under
par. (a) 2. shall be issued by the department only after investigation and inspection of the fish, spawn or other wild animals as the department determines necessary.
29.535(1)(d)
(d) Permits that are issued under
par. (a) 1. to import into the state fish or spawn of the family salmonidae, including trout, char or salmon, may be issued only if the source of the fish or eggs is certified free of such diseases as are designated by the department.
29.535(1)(e)
(e) Fish or spawn imported under a permit issued under
par. (a) 1. are subject to inspection by the department and such inspection may include removal of reasonable samples of fish or eggs for biological examination.
