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. 29.544(1)(a)(a) The legal title to all wild rice growing in any lake of the state, whether meandered or not, is vested in the state for the purpose of regulating harvest, use, disposition and conservation thereof.
29.544(1)(b)
(b) The legal title to such wild rice taken or reduced to possession in violation of this chapter or of any rule of the department remains in the state; and the title to any such wild rice lawfully acquired is subject to the condition that upon the violation of this chapter or of any department rule relating to the possession, use, harvest, sale or purchase thereof by the holder of such title, the same shall revert, as a result of the violation, to the state. In either case, such wild rice may be seized forthwith wherever found by the department or its agents.
29.544(2)(a)(a) The department may promulgate such rules governing the harvest, use and disposition of wild rice growing in the navigable lakes of the state as it deems reasonably necessary for the conservation and wise use thereof. The secretary may designate the opening date for harvesting wild rice in any navigable lake or stream by posting notice of such opening date on the shores of and at places of public access to such lake at least 24 hours before such opening date, unless the department promulgates by rule a different time period required for notice. Such posting is deemed sufficient notice of such opening date and no other publication thereof is required.
29.544(2)(b)
(b) The department shall obtain the advice and recommendations of the tribal council before promulgating any rules governing the harvest, use and disposition of wild rice growing within the bounds of an Indian reservation.
29.544(3)
(3) License required exceptions; wild rice identification card. Every person over the age of 16 and under the age of 65 shall obtain the appropriate wild rice license to harvest or deal in wild rice but no license to harvest is required of the members of the immediate family of a licensee or of a recipient of old-age assistance or members of their immediate families. The department shall issue a wild rice identification card to each member of a licensee's immediate family, to a recipient of old-age assistance and to each member of the recipient's family. The term "immediate family" includes husband and wife and minor children having their abode and domicile with the parent or legal guardian.
29.544(4)(a)(a)
Wild rice harvest license. No wild rice harvest license is required of helpers of a licensee who participate only in shore operations. Wild rice harvest licenses may be issued only to residents of this state.
29.544(4)(b)
(b)
Wild rice dealer license. A wild rice dealer license is required to buy wild rice within the state for resale to anyone except consumers, or to sell wild rice imported from outside of the state to anyone within the state except consumers, or to process wild rice not harvested by the processor himself or herself for resale by the processor to any other person. The license is required to be a class D wild rice dealer license if the amount of wild rice bought, sold or processed by the licensee within the year covered by the license exceeds 50,000 pounds. The license is required to be a class C wild rice dealer license if this amount exceeds 25,000 pounds but does not exceed 50,000 pounds. The license is required to be a class B wild rice dealer license if this amount exceeds 5,000 pounds but does not exceed 25,000 pounds. The license is required to be a class A wild rice dealer license if this amount does not exceed 5,000 pounds. For the purposes of this section, 2 1/2 pounds of raw rice is deemed equivalent to one pound of processed rice.
29.544(5)
(5) Records and reports. Each wild rice dealer shall keep a correct and complete book record in the English language of all wild rice bought, sold or processed by the dealer during the period covered by the dealer's license showing the date of each transaction, the names and addresses of all other parties thereto, and the amount of wild rice involved, whether raw or processed. Each such record shall be open for inspection by the department or its agents at all reasonable times. All licensed wild rice dealers shall file such reports on their operations as wild rice dealers as are required by the department.
29.544(6)(a)(a) Nothing in this section shall be construed as giving the state of Wisconsin, the department or its agents the right to control, regulate, manage or harvest wild rice growing on privately owned beds of flowages or ponds.
29.544(6)(b)
(b) No person shall, within the boundaries of this state, use or cause to be used any mechanical device of any nature in the harvesting or gathering of wild rice.
29.544(7)
(7) Penalties. Any person violating this section shall be punished pursuant to
s. 29.99 (2) and
(12).
29.547
29.547
Ginseng protected. 29.547(1)(1)
Definitions. As used in this section:
29.547(1)(a)
(a) "Dealer" means a person who purchases for purposes of resale at least 8 ounces of wild ginseng in a license year.
29.547(1)(am)
(am) "License year" means the period beginning on July 1 of a given year and ending on the following June 30.
29.547(1)(b)
(b) "Wild ginseng" means an unprocessed plant, dry root or live root of the species Panax quinquefolius that is not grown or nurtured by a person.
29.547(2)
(2) Cutting. No person may, between November 1 and the following September 1, cut, root up, gather or destroy wild ginseng.
29.547(3)
(3) Evidence. The purchase or sale of wild green ginseng between November 1 and the following September 1 is prima facie evidence of a violation of this section.
29.547(4)
(4) Purchase with knowledge. No person may purchase wild ginseng if the person knows the ginseng was cut, rooted up or gathered between November 1 and the following September 1. No dealer may purchase wild ginseng if any of the following applies:
29.547(4)(a)
(a) The dealer fails to inspect the vendor's wild ginseng harvest license or wild ginseng dealer license.
29.547(4)(b)
(b) The dealer knows that the vendor has violated this section or a rule promulgated under this section.
29.547(5)
(5) Evidence. In any prosecution under this section proof that any wild ginseng which was purchased had been illegally obtained by the vendor is prima facie evidence of a violation of this section by the purchaser.
29.547(6)(a)(a)
Requirement. No person may cut, root up, gather or destroy wild ginseng unless the person has a valid wild ginseng harvest license issued by the department. The department shall promulgate rules for issuing wild ginseng harvest licenses. The department may promulgate rules on the quantity of wild ginseng that each person may harvest and restrictions on areas where wild ginseng may be harvested and on the methods which may be used to harvest wild ginseng.
29.547(6)(b)
(b)
Exception. Paragraph (a) does not apply to a person who cuts, roots up, gathers or destroys wild ginseng growing on the person's own land if the ginseng is not sold.
29.547(7)(a)(a)
License required. No resident may act as a dealer in this state unless he or she has one of the following valid wild ginseng dealer licenses issued by the department:
29.547(7)(a)1.
1. A class A resident wild ginseng dealer license authorizes the purchase for purposes of resale of not more than 100 pounds dry weight of wild ginseng in a license year.
29.547(7)(a)2.
2. A class B resident wild ginseng dealer license authorizes the purchase for purposes of resale of not more than 1,000 pounds dry weight of wild ginseng in a license year.
29.547(7)(a)3.
3. A class C resident wild ginseng dealer license authorizes the purchase for purposes of resale of any amount of wild ginseng in a license year.
29.547(7)(b)
(b)
Nonresident wild ginseng dealer license. A person who is not a resident may not act as a dealer in this state unless he or she has a valid nonresident wild ginseng dealer license issued by the department.
29.547(7)(c)
(c)
Rules. The department may establish by rule the procedure for issuing wild ginseng dealer licenses.
29.547(8)
(8) Shipment and certification of origin of wild ginseng. 29.547(8)(a)(a)
Wild gingseng originating in this state. No person may ship out of this state wild ginseng that originates in this state unless the wild ginseng is accompanied by a valid certificate of origin issued under this subsection.
29.547(8)(bn)1.1. No person may ship out of this state to a foreign country wild ginseng that originates in another state unless the wild ginseng is accompanied by a valid certificate of origin issued by that other state. No person may ship out of this state wild ginseng that originates in another state under a certificate of origin issued under this subsection.
29.547(8)(bn)2.
2. No resident may purchase for purposes of resale wild ginseng that originates in another state unless the wild ginseng is accompanied by a valid certificate of origin from the other state.
29.547(8)(bn)3.
3. If a dealer who is a resident receives wild ginseng that originated in another state and if a certificate of origin issued by that state does not accompany the wild ginseng, the dealer shall return the wild ginseng to the sender within 30 days after its receipt.
29.547(8)(c)
(c)
Issuance of certificates. The department shall promulgate a rule establishing the procedure for issuing certificates of origin. The department may issue certificates of origin only to a person who has a valid wild ginseng harvest license or a valid wild ginseng dealer license.
29.547(8)(d)
(d)
Effective period; cancellations; return. Unless canceled, a certificate of origin is valid for the period indicated on the certificate's face. The department may cancel a certificate of origin at any time.
29.547(8)(e)
(e)
Validity. A certificate of origin is valid only if it has not expired or been canceled by the department, is fully completed and contains no false information. A certificate of origin issued under this subsection is valid only for wild ginseng originating in this state.
29.547(8)(f)
(f)
Prohibitions. No person may use an expired or canceled certificate of origin, falsify information on a certificate of origin, maintain false records of certificates of origin or fail to maintain records or comply with rules promulgated by the department concerning certificates of origin.
29.547(9)(a)(a)
Purchases. A dealer shall maintain records of the quantity purchased, the name and wild ginseng license number of the vendor and other information required by the department.
29.547(9)(b)
(b)
Sales and shipments. A dealer shall maintain records required under this section and shall keep records and reports of sales, shipments and transactions as required by the department.
