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.
29.555 History
History: 1979 c. 34 s.
730.
29.557
29.557
Hunting on land in state parks and state fish hatcheries. 29.557(1)(1) Except as provided in
sub. (3), no person may hunt or trap on land located in state parks or state fish hatcheries.
29.557(2)
(2) Except as provided in
sub. (3), no person may have in his or her possession or under his or her control a firearm on land located in state parks or state fish hatcheries unless the firearm is unloaded and enclosed within a carrying case.
29.557(3)
(3) A person may hunt deer or wild turkeys in a state park or in a portion of a state park, designated by the department by rule, for that type of hunting if the person holds the approvals required under this chapter for that type of hunting.
29.557 History
History: 1989 a. 214.
29.56
29.56
Game or wildlife refuge. No person shall at any time or in any manner hunt or trap within the boundaries of any game or wildlife refuge established pursuant to
s. 23.09 (2) (b) or
29.57, nor have possession or control of therein, any gun or rifle unless the same is unloaded and enclosed within a carrying case. The taking of predatory game birds and animals shall be done as the department directs. All state game or wildlife refuge boundary lines shall be marked by posts placed at intervals of not over 500 feet and bearing signs with the words "Wisconsin Wildlife Refuge".
29.56 History
History: 1991 a. 316.
29.565
29.565
Animal wildlife exhibit. The department shall establish an animal wildlife exhibit where wild animals, allowed to roam at will, may be viewed by the public without charge on state owned lands over which the department has jurisdiction, or upon lands donated to the state for the purpose. The boundary of the area shall be marked by posts placed at intervals of not over 500 feet and bearing signs with the words "Wisconsin Wildlife Exhibit Area". The department shall provide shelters thereon, for the housing of the caretaker, and the sheltering, nursing and caring for orphaned wild animals, which shall be furnished by the department, which may accept private donations of such animals. Such animals shall be sheltered and cared for until they are old enough to release, but by providing food and shelter efforts shall be made to induce the animals to return to the area year after year.
29.565(1)
(1) The department shall employ a caretaker with long experience with wild animals, preferably a retired game warden, to manage the exhibit.
29.565(2)
(2) No person shall at any time or in any manner hunt or trap within the boundaries of the area, nor have possession or control of therein, any gun or rifle unless it is unloaded and knocked down or enclosed in a carrying case.
29.565(3)
(3) The department may promulgate rules for the effective accomplishment of the purposes of this section including the duration of the exhibition season.
29.565 History
History: 1991 a. 316.
29.57
29.57
Wildlife refuges. 29.57(1)(1)
Establishment. The owner or owners of any tract, or contiguous tracts, of land comprising in the aggregate not less than 160 acres located outside the limits of any city or village, may apply to the department for the establishment of said lands as a wildlife refuge. The department may thereupon employ such means as it deems wise to inform itself regarding the premises; and if, upon inspection, investigation, hearing, or otherwise, it shall appear to the satisfaction of the department that the establishment of said lands as a wildlife refuge will promote the conservation of one or more useful species or varieties native within this state, it may by order designate and establish the said lands as a wildlife refuge.
29.57(2)
(2) Signs. Within 30 days after the date of such order the owner or owners of the said lands shall post or erect signs or notices as required and furnished by the department, proclaiming the establishment of said refuge.
29.57(3)
(3) Publication. No such order shall be effective until at least 30 days after the date of its issue; nor unless the department has caused notice thereof to be published, as a class 3 notice, under
ch. 985, in the county embracing the lands. Thereupon the said lands shall be a wildlife refuge, and shall so remain for a period of not less than 5 years, from and after the date of effect stated in said order.
29.57(4)
(4) Absolute protection. Except as provided in
s. 29.56 no owner of lands embraced within any such wildlife refuge, and no other person, may hunt or trap within the boundaries of any wildlife refuge or have in his or her possession or under his or her control therein any gun or rifle, unless the same is unloaded and enclosed within a carrying case. Nothing in this section may prohibit, prevent or interfere with the department, or its wardens, agents or employes, in the destruction of injurious animals.
29.57(5)
(5) Animals procured by department. The department may place within any such wildlife refuge, for the purpose of propagation, wild animals of any species or variety.
29.57 History
History: 1971 c. 42;
1989 a. 214.
29.571
29.571
Horicon marsh game preserve, fur farm, hatchery, dams. 29.571(1)(1) A wildlife refuge, game preserve and fur farm shall be established on the Horicon marsh in Dodge county under the supervision of the department.
29.571(2)
(2) The department may establish a fish hatchery in connection with such wildlife refuge.
29.571(3)
(3) The department shall purchase or acquire by condemnation proceedings the land known as the Horicon marsh, or as much thereof as it deems necessary, and may construct such buildings thereon and provide such equipment as is reasonably required to carry out the purposes of this section.
29.571(4)
(4) The department may construct and maintain a dam or dams in or near the city of Horicon, to control and regulate the flood waters on Rock river, and to restore the public waters of Rock river on Horicon marsh to the natural levels existing prior to the private drainage of the same.
29.571(5)
(5) All proceeds derived from the fur farm on the Horicon marsh and all other income from said state property shall be paid, within one week after receipt, into the conservation fund of the state treasury.
29.572
29.572
Game farms; license. 29.572(1)(1) No person shall cause, authorize or permit any lands or waters to be posted with signs of any kind indicating that such lands or waters are licensed under
s. 29.52 or
29.573 to
29.578 unless such lands and waters are in fact so licensed.
29.572(2)
(2) If any such license expires or lapses and is not renewed, the licensee, landowner or other person having control over such lands or waters shall remove or cause such signs to be removed within 45 days after the expiration or termination of such license.
29.572(3)
(3) Applications for the renewal of any license issued under
ss. 29.573 to
29.578 shall be filed with the department on or before the expiration date of the license, except that an application for renewal of this type of license may be filed not more than 45 days after the expiration date if it is accompanied by the late filing fee specified under
s. 29.092 (9) (i) in addition to the regular license or renewal fee. If application for renewal of a license is not made as required in this subsection or if a license is terminated for any reason, all rights and privileges of the licensee under the license are terminated upon the expiration of the 45-day period provided in this subsection or on the date of termination whichever occurs first. Thereafter, the lands and waters which were included under the license shall be subject to
ss. 29.573 to
29.578.
29.572 History
History: 1975 c. 322 s.
14;
1983 a. 27.
29.573
29.573
Pheasant and quail farms; department control; shooting license. 29.573(1)(1) The department may issue pheasant and quail farm licenses for shooting preserves and the releasing, shooting, possession and use of pheasants and quail on pheasant and quail farms if, in the judgment of the department, operations under these licenses will result in a net increase in the supply of pheasants and quail in the state and will otherwise be in the public interest.
29.573(2)
(2) No license shall be granted unless the applicant owns or has under lease the area for which the license is granted. Boundaries of the area licensed shall be defined and posted as prescribed by the department.
