29.001 History
History: 1997 a. 248 ss.
39 to
47,
49 to
75,
84.
GENERAL FISH AND GAME REGULATION
29.011
29.011
Title to wild animals. 29.011(1)
(1) The legal title to, and the custody and protection of, all wild animals within this state is vested in the state for the purposes of regulating the enjoyment, use, disposition, and conservation of these wild animals.
29.011(2)
(2) The legal title to a wild animal or carcass, taken or reduced to possession in violation of this chapter, remains in the state. The title to a wild animal or carcass, lawfully acquired, is subject to the condition that upon the violation of this chapter relating to the possession, use, giving, sale, barter or transportation of a wild animal or carcass by the owner, the ownership shall revert, as a result of the violation, to the state.
29.011 History
History: 1997 a. 248 s.
87.
29.014
29.014
Rule-making for this chapter. 29.014(1)
(1) The department shall establish and maintain open and closed seasons for fish and game and any bag limits, size limits, rest days and conditions governing the taking of fish and game that will conserve the fish and game supply and ensure the citizens of this state continued opportunities for good fishing, hunting and trapping.
29.014(2)(b)(b) All of the rules promulgated under this chapter are prima facie reasonable and lawful until found to be otherwise in a final determination by a court.
29.014(2)(c)
(c) Any reference to this chapter includes any rules promulgated under this chapter and any reference to any provision of this chapter includes any rules promulgated under that provision.
29.014(3)
(3) Any rule of the department is subject to review in the manner provided in
ch. 227, except that if the rule affects only the county in which the appellant resides, the appeal shall be to the circuit court of that county.
29.014(4)
(4) No person may challenge the validity of a rule promulgated under this chapter in any prosecution of that person for a violation of this chapter or rules promulgated under this chapter unless the person has previously brought a separate action under
s. 227.40 seeking a declaratory judgment on the validity of the rule.
29.014 History
History: 1997 a. 248 ss.
77 to
79,
383,
397,
399.
29.024
29.024
Approvals; forms; issuing agents. 29.024(1)
(1)
Approvals required. Except as specifically provided in this chapter, no person may hunt or trap in this state, fish in the waters of this state or engage in any of the activities regulated under this chapter unless the appropriate approval is issued to the person. A person shall carry the required approval with him or her at all times while hunting, trapping or fishing or engaged in regulated activities unless otherwise required by this chapter or unless otherwise authorized or required by the department. A person shall exhibit the approval to the department or its wardens on demand.
29.024(2)
(2) Conditions and restrictions on licenses and other approvals. 29.024(2)(a)(a) A hunting, trapping or fishing approval may be issued only to and obtained only by a natural person entitled to the approval.
29.024(2)(b)
(b) Except as provided under
s. 29.194 (1), a resident hunting, trapping or fishing approval may be issued only to a person who presents to the issuing agent or the department definite proof of his or her identity and that he or she is a resident.
29.024(2)(c)
(c) No more than one of the same series of approval may be issued to the same person for the same hunting or fishing season in any year except as authorized by the department.
29.024(2)(d)
(d) Except as provided under
s. 29.519 (2) (d) or by rule, no person may transfer his or her approval or permit the use of any approval by any other person.
29.024(2)(e)
(e) No person while hunting, trapping or fishing may use or carry any approval issued to another person, except that a person who accompanies and is assisting a disabled person may carry the disabled person's approval.
29.024(2)(f)1.1. Except as provided under
subd. 2. and as authorized by rules promulgated under
sub. (3m) (a) 2. [
sub. (5) (a) 2.], no person may obtain a hunting, trapping or fishing approval for another person.
29.024 Note
NOTE: The bracketed language indicates the correct cross-reference. Corrective legislation is pending.
29.024(2)(f)2.
2. A person who assists a disabled person may obtain an approval for a disabled person.
29.024(2)(g)
(g) No approval authorizing hunting, trapping, fishing or any other activity regulated by this chapter may be issued to any person who is prohibited from obtaining this type of an approval under this chapter.
29.024 Note
NOTE: Sub. (2) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c).
29.024(2g)
(2g) Denial and revocation of approvals based on child support delinquency. 29.024(2g)(a)(a)
Social security numbers required. The department shall require an applicant who is an individual to provide his or her social security number as a condition of applying for, or applying to renew, any of the following approvals:
29.024 Note
NOTE: The bracketed language indicates the correct cross-references. Corrective legislation is pending.
29.024 Note
NOTE: The bracketed language indicates the correct cross-reference. Corrective legislation is pending.
29.024(2g)(b)
(b)
Duplicates. For purposes of this subsection, an application for a duplicate of an approval specified in
par. (a) shall be considered an application for the issuance of the approval.
29.024(2g)(c)
(c)
Disclosure of social security numbers. The department of natural resources may not disclose any social security numbers received under
par. (a) to any person except to the department of workforce development for the sole purpose of administering
s. 49.22.
29.024(2g)(d)1.1. As provided in the memorandum of understanding required under
s. 49.857 (2), the department shall deny an application to issue or renew, suspend if already issued or otherwise withhold or restrict an approval specified in
par. (a) 1. to
3. if the applicant for or the holder of the approval is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or if the applicant or holder fails to comply with a subpoena or warrant issued by the department of workforce development or a county child support agency under
s. 59.53 (5) and relating to paternity or child support proceedings.
29.024(2g)(d)2.
2. As provided in the memorandum of understanding required under
s. 49.857 (2), the department shall deny an application to issue or renew an approval specified in
par. (a) 1. to
3. if the applicant for or the holder of the approval fails to provide his or her social security number as required under
par. (a).
29.024 Note
NOTE: Sub. (2g) was created by
1997 Wis. Act 191 as s. 29.09 (11m) and renumbered by the revisor under s. 13.93 (1) (b)
29.024(2r)
(2r) Denial and revocation of approvals based on tax delinquency. 29.024(2r)(a)(a)
Social security and identification numbers required. The department shall require an applicant who is an individual to provide his or her social security number and an applicant who is not an individual to provide the applicant's federal employer identification number as a condition of applying for, or applying to renew, any of the following approvals:
29.024 Note
NOTE: The bracketed language indicates the correct cross-references. Corrective legislation is pending.
29.024(2r)(b)
(b)
Duplicates. For purposes of this subsection, an application for a duplicate of an approval specified in
par. (a) shall be considered an application for the issuance of the approval.
29.024(2r)(c)
(c)
Disclosure of numbers. The department of natural resources may not disclose any information received under
par. (a) to any person except to the department of revenue for the sole purpose of making certifications required under
s. 73.0301.
29.024(2r)(d)
(d)
Denial and revocation. The department shall deny an application to issue or renew, or revoke if already issued, an approval specified in
par. (a) if the applicant for or the holder of the approval fails to provide the information required under
par. (a) or if the department of revenue certifies that the applicant or approval holder is liable for delinquent taxes under
s. 73.0301.
29.024 Note
NOTE: Sub. (2r) was created by
1997 Wis. Act 237 as s. 29.09 (11r) and renumbered by the revisor under s. 13.93 (1) (b)
29.024(3)
(3) Form of application. The application for an approval shall be on the form and contain the information required by the department and no approval may be issued until the applicant complies with these requirements.
29.024(4)(a)(a)
Date; expiration. Each approval issued under this chapter shall state for what period the approval is effective and the date of expiration.
29.024(4)(b)
(b)
Name; description; signature. Each license or permit issued shall contain the name and address of the holder, a description of the holder and other information required by the department. Each license or permit shall, if required by the department under
sub. (5) (a) 1., bear upon its face the signature of the holder and the date of issuance and shall be signed by the issuing agent. Each stamp shall, if required by the department under
sub. (5) (a) 1., bear upon its face the signature of the holder. The department may apply any of the requirements of this subsection to other forms or approvals.
29.024(5)(a)(a)
Department rules. The department shall promulgate rules regulating the issuance of approvals. The rules shall include all of the following:
29.024(5)(a)1.
1. The signature requirements, if any, for each type of approval.
29.024(5)(a)2.
2. The conditions, if any, under which a person may be issued an approval for another person.
29.024(5)(a)3.
3. The authorized forms for stamps, which may include facsimiles, and the methods of attaching stamps to or imprinting stamps on other approvals issued under this chapter.
29.024(5)(b)
(b)
Blanks. The department shall prepare, procure the printing of and supply all necessary blanks for applications and approvals issued under this chapter and related applications for approvals.
29.024(6)
(6) Issuance of approvals by department and by agents. 29.024(6)(a)(a) In issuing approvals under this section, the department may do any of the following for each type of approval:
29.024(6)(a)2.
2. Appoint, as an agent of the department, the clerk of one or more counties to issue the approvals.
29.024(6)(a)3.
3. Appoint persons who are not employes of the department to issue the approvals as agents of the department.
29.024(6)(b)
(b) The clerk of each county appointed under
par. (a) 2. may accept the appointment.
29.024(6)(c)
(c) The department shall promulgate rules for each type of approval under this chapter that specify which persons appointed under
par. (a) shall issue that type of approval.
