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.
29.535(1)(f)
(f) The department may seize or destroy, or both, any fish or spawn thereof found to be infected with any disease organisms as are designated by the department.
29.535(2)
(2) Nothing in this section shall prohibit the department or its duly authorized agents from doing any of the following:
29.535(2)(a)
(a) 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(2)(b)
(b) Introducing, stocking or planting any fish, spawn or other wild animal.
29.535(3)
(3) 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 brook, brown or rainbow trout for periods of not to exceed 10 days. Brook, brown or rainbow trout used for such purposes shall be obtained only from resident Class A or Class B private fish hatchery operators licensed under
s. 29.52 (4). Such private fish hatchery operators shall keep a record of all brook, brown or rainbow trout introduced in or delivered for introduction in any public waters and shall make a report of such introduction or delivery for such introduction to the department on or before December 31 of each year on forms furnished by the department.
29.535 History
History: 1975 c. 360,
421;
1995 a. 378.
29.536
29.536
Municipal fish hatcheries. 29.536(1)
(1) Any city, town or village, upon direction and supervision of the department, may appropriate money for and may acquire, lease or contract for any land, pond, lake or slough for a fish hatchery, and erect, establish, operate and maintain on, in or about such pond, lake or slough, a fish hatchery and fishery for the purpose of hatching, propagating and fishing therein game fish.
29.536(2)
(2) Such municipality desiring to erect, establish, operate and maintain a private hatchery and fishery in conformity with this section, shall file with the department a verified declaration designating and describing the pond, lake or slough, which it desires to use for the purpose of hatching, propagating and fishing game fish therein, and a description of all the lands underlying, surrounding or bordering upon such water. Such municipality shall also state in square miles and fraction of square miles the area of such pond, lake or slough, at low water.
29.536(3)
(3) Upon the filing of such declaration, the department shall forthwith examine and investigate the same. If upon such examination it shall appear that the pond, lake or slough designated in the declaration is suitable for a fish hatchery it may direct the declarant to acquire, lease or contract for the same. Thereupon such municipality may acquire, lease or contract for the lands underlying, surrounding or bordering upon such water, and thereafter the department shall issue to the municipality a certificate under seal of the department, which shall designate such pond, lake or slough, and certify that it is lawfully entitled to use the same for the hatching, propagation and fishing of game fish therein and to erect, establish, operate and maintain a hatchery and fishery for the purpose of hatching, propagating and fishing therein game fish.
29.536(4)
(4) The department shall promulgate rules for stocking, maintaining and fishing in the hatcheries.
29.536 History
History: 1989 a. 359.
29.54
29.54
State propagation of wild mammals and birds. 29.54(1)(1) The department may take or purchase wild mammals and birds and their eggs for propagation. The distribution thereof shall be made throughout the state under the supervision and direction of the department and according to its rules.
29.54(2)
(2) No person shall take, remove, sell, or transport from the public waters of this state to any place beyond the borders of the state, any duck potato, wild celery, or any other plant or plant product except wild rice native in said waters and commonly known to furnish food for game birds.
29.54 History
History: 1989 a. 359.
29.544
29.544
Wild rice conservation; licenses.
