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.
29.547(9)(c)
(c)
Records; retention. A dealer shall retain records required under this section for 3 years after the date of the transaction recorded.
29.547(9)(d)
(d)
Submission of records. A dealer shall submit records required under this section or legible copies of those records to the department within 10 days after the department requests submission of those records by mailing a request to the dealer at the address listed on the wild ginseng dealer license application.
29.547(9)(e)
(e)
Reports. A dealer shall submit reports required by the department under this section upon request.
29.547(9)(f)
(f)
Inspections. Upon request, a dealer shall make all records required under this section and all of the inventory of wild ginseng under the dealer's control available to the department for inspection.
29.547(9)(g)1.1. Notwithstanding
s. 19.21, wild ginseng harvest license and wild ginseng dealer license records, records required under
sub. (7) or this subsection and reports required under this subsection which relate to transactions in ginseng dry root are not public records and shall not be released or used by the department for any purpose except investigation and enforcement of this section.
29.547(9)(g)2.
2. All records and reports which relate to transactions in wild ginseng live root and seed shall be open to public inspection under
subch. II of ch. 19.
29.547(10)(a)(a)
Suspension. The department may suspend the wild ginseng harvest license or the wild ginseng dealer license of a person who violates this section subject to a subsequent right to a hearing before the department. In order to obtain a hearing, a person is required to file a request with the department within 30 days after receipt of the notice of suspension. The filing of a request for a hearing does not stay the suspension pending the hearing.
29.547(10)(b)
(b)
Revocation. The department may revoke the wild ginseng harvest license or the wild ginseng dealer license of a person who violates this section and may refuse to issue any new license under this section for a period of not more than 3 years. The department shall revoke the wild ginseng harvest license or wild ginseng dealer license of a person who violates this section within 3 years after his or her license was revoked or suspended for a previous violation and shall refuse to issue any new license under this section for a period of not less than one year nor more than 3 years.
29.547(11)
(11) Penalty. A person who violates this section or a rule promulgated under this section shall forfeit not more than $500. A person who violates this section or a rule promulgated under this section within 3 years after conviction for previous violation of this section or a rule promulgated under this section shall forfeit not more than $1,000.
29.55
29.55
Wild animals for parks. 29.55(1)
(1) The department may, on application of any park board, grant permit to take, have, sell, barter, or transport, at any time, live wild animals for park purposes.
29.55(2)
(2) The department may, on application of any person, grant a permit to such person to take and transport wild animals for propagation within the state, under the supervision of the department or its wardens.
29.55(3)
(3) No bona fide public zoo shall be subject to this section.
29.55(4)
(4) Notwithstanding any other provision of law to the contrary it is lawful for a bona fide public zoo to have, purchase, barter or sell any live animal, domestic or foreign, to or with another bona fide public zoo, licensed deer farm or reputable animal dealer, within or without this state.
29.55 History
History: 1995 a. 79.
29.555
29.555
Public hunting and fishing grounds. The department may acquire, lease, develop and maintain public hunting and fishing grounds. The department may agree to adjust and pay damages arising from the operation of public hunting or fishing grounds.
