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.
29.573(3)
(3) The department shall determine the minimum number of pheasants and quail to be released for shooting purposes on the licensed premises and fix the time limits during which said birds may be hunted.
29.573(4)(a)(a) Until the release of said pheasants and quail shall have been certified to and accepted by the department it shall be unlawful to shoot, attempt to shoot or to otherwise take pheasants or quail on premises licensed under this section, but when said release shall have been certified and accepted by the department, and when such persons are otherwise lawfully entitled to hunt small game, the licensee and such other persons as the licensee designates may hunt on the licensed premises, have in possession, and dispose of such pheasants or quail by gift.
29.573(4)(b)
(b) Each licensee shall keep a correct and complete book record of licensed birds as required by the department on forms furnished by the department. The licensed area and records may be inspected by the department or its wardens at any time. Copies of the records under oath shall be furnished to the department on request.
29.573(4)(c)
(c) No pheasant or quail of the species licensed shall be removed from the said licensed premises until there shall have been securely attached to each bird a seal, the type and design of which shall be designated by the department, and such seal shall remain attached to said birds until they are finally prepared for consumption. Such seal shall be supplied by the department at cost.
29.573(5)
(5) Only dead birds which have been killed by shooting shall be removed from premises licensed under this section, and it shall be unlawful to sell or attempt to sell or to buy or attempt to buy any such birds.
29.573(6)(a)(a) The department may promulgate such rules as shall be necessary to carry out the intents and purposes of this section, but no rule shall require that an application or report be notarized.
29.573(6)(b)
(b) Any person violating the above provisions shall forfeit not more than $300.
29.573(7)
(7) Any person other than the licensee, agents or persons having permission from the licensee who are otherwise qualified under this chapter to hunt thereon, who hunts or shoots pheasants or quail upon any lands described in any such license, is liable for all damage which the person does to said preserve or the pheasants, quail and property thereon, but all actions for such trespass shall be brought by such licensee.
29.573(8)
(8) Notwithstanding any other provision of the statutes to the contrary, no person hunting upon a licensed shooting preserve may be required to hold a hunting license for hunting those game species for which the preserve has been licensed under this section.
29.574
29.574
Game bird and animal farms. 29.574(1)
(1) The owner or lessee of any lands within the state suitable for the breeding and propagating of game, birds or animals as may be approved by the department shall have the right upon complying with this section, to establish, operate and maintain a game bird and animal farm for the purpose of breeding, propagating, killing and selling game birds and game animals on such lands, the acreage and size of which shall be determined by the department. All waterfowl bred, propagated or held on a game bird and animal farm licensed pursuant to this section shall be enclosed within a covered enclosure by the licensee throughout the open season for hunting waterfowl in the state when written or oral notice is given to the licensee by the department or its agents.
29.574(1m)
(1m) This section does not apply to farm-raised deer.
29.574(2)
(2) Such owner or lessee desiring to establish, operate and maintain a game bird and animal farm in conformity with this section, shall file with the department a verified declaration, describing the lands which such applicant for a license desires to use for the purpose of breeding and propagating such game birds or animals and setting forth also the title and leasehold of the applicant and the number of acres embraced in said tract.
29.574(3)
(3) Upon the filing of such declaration the department shall forthwith investigate the same and may require the applicant to produce satisfactory evidence of the facts therein stated. It will be necessary for the licensee to purchase all wild game within the boundaries of the proposed farm of the species designated in the license, and to effect this purpose the department thereupon shall appoint one member, the applicant one member, and these 2 shall select a 3rd member, the 3 to act as a board to go upon the lands embraced within the proposed license and determine as near as possible the number of wild birds and animals of the desired species thereon at the time of the granting of the license. The necessary expenses of all of the members of such board shall be paid by the licensee. Within 30 days after the date of such determination as accepted by the department the licensee shall pay to the department a specified sum as may be determined by the department for those species of wild birds or wild animals on the lands that are desired for propagation purposes, the title of which rests in the state. If upon such examination it appears that the applicant is the owner or lessee of said lands, and the applicant intends in good faith to establish, operate and maintain a game bird and animal farm, the department shall issue a license to the applicant describing such lands, and certifying that the licensee is lawfully entitled to use the same for the breeding, propagating, killing and selling of such game birds and animals thereon according to this section. When such license has been granted, the licensee shall become the owner of all such game birds or animals thereon of the species licensed and of all of their offspring actually produced thereon and remaining thereon, subject however to the jurisdiction of the department over all game.
29.574(3m)
(3m) No game bird and animal farm license shall be issued after May 24, 1961, other than those already in operation for any area less than one-quarter mile from the exterior boundaries of an approved state or federal wildlife area, public hunting grounds or refuge which is managed in whole or in part for pheasants. All lands under one license shall be contiguous. This section shall not prohibit the licensing of game bird and animal farms within one-quarter mile of approved state or federal wildlife areas, public hunting grounds, or refuges provided such licensed farms are completely enclosed, including an enclosed top of woven wire with mesh not larger than 6 inches.
29.574(3n)
(3n) Within 30 days after the date of the issuance of any such license, the licensee shall erect posts or stakes at intervals of not more than 80 rods along the boundary of the land embraced in said license, wherever the same is not already enclosed, and shall post and maintain, upon said posts, stakes or other enclosure, notices proclaiming the establishment of a game bird and animal farm. Such notices shall be furnished by the department to the licensee at cost.
29.574(5)
(5) Such license shall be prima facie evidence in all courts and proceedings of the lawful right of the licensee therein named or the licensee's successors or assigns, for the term of the license, to establish and operate such a game bird and animal farm upon said premises, and shall entitle the licensee therein named or the licensee's successors or assigns, to the exclusive right for and during said term to breed and propagate such game birds and animals thereon, and to the exclusive and sole ownership of any property in all such licensed game birds and animals caught or taken therefrom.
29.574(6)(a)(a) Such game birds and animals, except waterfowl, may be taken at any time in any manner, subject to
s. 29.245, by persons qualified under this chapter to hunt thereon. Waterfowl may only be taken pursuant to the rules promulgated by the department and in effect governing the hunting of waterfowl, except that upon written application the department may authorize the taking of hand-reared mallards at any time within the boundaries of a licensed game bird and animal farm in numbers not to exceed those liberated or propagated when it appears to the satisfaction of the department that only mallards liberated or propagated by the licensee will be taken on such farm. The applicant shall certify to the department that mallards liberated or propagated for shooting were produced and reared in captivity and are more than 2 generations removed from the wild. Hand-reared mallards shall not be released for shooting purposes unless such mallards have first been identified as the department directs. Mallards confined to wholly enclosed pens or buildings may be taken within such pens or buildings at any time and in any numbers. No such game bird or animal or mallards killed on such farm and no live game bird or animal or mallards to be consumed as food shall be removed therefrom until there has been securely fastened to each bird or animal a band or tag furnished by the department to the licensee at cost. Such band or tag shall remain attached to the bird or animal until prepared for consumption. Live birds and animals may be sold or transported. Each container carrying such live birds or animals shall have attached thereto a band or tag as set forth above. Live birds or animals acquired from the licensee to be consumed as food shall not be kept in a live condition by any person beyond 48 hours from the time such birds or animals were acquired from such licensee. Correct and complete book records of sales and purchases of live birds and animals disclosing the time and date of such sales and whether or not such live birds and animals were acquired to be consumed as food shall be kept by the licensee. Certified copies of such records shall be furnished by the licensee to the department on request, on forms furnished by the department.
