29.537(2)(j)
(j) "Commercial clam shelling" means the taking, killing, collecting or removing of more than 50 pounds of clams per day from inland or outlying waters or the beds of inland or outlying waters and the incidental killing of more than 50 pounds of clams per day in the search for pearls.
29.537(3)(a)(a) No person may engage in commercial clam shelling unless the person is a resident and at least one of the following applies:
29.537(3)(a)1.
1. The person is a natural person and has been issued a commercial clam sheller license by the department.
29.537(3)(a)2.
2. The person is a licensed clam helper engaged in commercial clam shelling while aboard a boat with the licensed commercial clam sheller whom the clam helper is assisting.
29.537(3)(a)3.
3. The person has not attained the age of 16 years, and the value of the clams taken, killed, collected or removed by that person does not exceed $1,000 per year. The department may, by rule, require persons under this subdivision to obtain a commercial clam shelling permit, at no charge, with the requirements for the permit to be determined by the department by rule.
29.537(3)(b)
(b) No person may engage in clam helping unless the person is a resident and a natural person and has been issued a clam helper license by the department.
29.537(3)(c)1.1. No natural person may engage in clam buying unless he or she is a resident and has been issued by the department a clam buyer license or an assistant clam buyer license.
29.537(3)(c)2.
2. No corporation, partnership or other business association may engage in clam buying unless it has been organized under the laws of this state and has been issued by the department a clam buyer license.
29.537(3)(d)
(d) The department may limit the number of licenses and permits issued under this section.
29.537(4)(a)(a) A licensed clam buyer may employ or authorize assistant clam buyers to buy clams. Upon proper application, the department shall issue no more than 10 assistant clam buyer licenses with a clam buyer license. Each assistant clam buyer license shall have printed on it the number of the clam buyer license for which it is issued.
29.537(4)(b)
(b) A natural person may be issued an assistant clam buyer license for each licensed clam buyer who employs or authorizes the natural person to buy clams.
29.537(4)(c)
(c) A licensed clam buyer is responsible for all acts relating to clamming performed by the assistant clam buyers engaged in clam buying activities for the clam buyer. A clam buyer may be charged with and penalized for a violation of this section committed by the assistant clam buyer while the assistant clam buyer is engaged in clam buying activities for the clam buyer.
29.537(4)(d)
(d) Upon revocation of a clam buyer license, all assistant clam buyer licenses issued under the clam buyer license shall also be revoked.
29.537(5)(a)(a) A licensed commercial clam sheller or a licensed clam buyer may employ or authorize a clam helper to assist him or her in activities related to commercial clam shelling or clam buying, but no clam helper may buy, barter or obtain clams from commercial clam shellers or others for resale as clams. Upon proper application, the department shall issue no more than 10 clam helper licenses with each commercial clam sheller license or with each clam buyer license. Each clam helper license shall have printed on it the number of the commercial clam sheller license or clam buyer license for which it is issued.
29.537(5)(b)
(b) A natural person may be issued a clam helper license for each licensed commercial clam sheller or licensed clam buyer who employs or authorizes the natural person to engage in clam helping.
29.537(5)(c)
(c) A licensed commercial clam sheller or licensed clam buyer is responsible for all acts relating to clamming performed by the clam helpers engaged in clam helping for the commercial clam sheller or clam buyer. A commercial clam sheller or clam buyer may be charged with and penalized for a violation of this section committed by the clam helper while the clam helper is engaged in clam helping for the commercial clam sheller or clam buyer.
29.537(5)(d)
(d) Upon revocation of a commercial clam sheller license or clam buyer license, all clam helper licenses issued under the commercial clam sheller license or the clam buyer license shall also be revoked.
29.537(6)(a)(a) Except as provided in
par. (d), for purposes of enforcement of this section, wardens or department employes authorized and designated by the secretary, upon presenting appropriate credentials to the licensee or agent in charge, are authorized to do all of the following:
29.537(6)(a)1.
1. Enter any place, building or structure, excluding a dwelling place, in which clams or clamming equipment are stored, processed, packed or held and enter any boat or vehicle being used to transport clams or clamming equipment when the licensee or agent in charge is present or upon 8 hours' notice at other times.
29.537(6)(a)2.
2. Inspect places, buildings, structures, boats or vehicles, all pertinent equipment used or stored in the places to be inspected and any clams stored, processed, packed or held in the places to be inspected.
29.537(6)(b)
(b) No licensee, operator of a vehicle or boat for the licensee, or employe acting on behalf of the licensee may prohibit entry or prohibit an inspection from being conducted as authorized under
par. (a).
29.537(6)(c)
(c) The department may examine any records relating to clamming or to commercial clamming.
29.537(6)(d)
(d) The department may not conduct an inspection or examine a person's records under this section if such action has been lawfully enjoined by a court order.
29.537(7)
(7) Possession, transportation and sale. No person may possess or transport more than 50 pounds of clams or sell or barter any clams unless at least one of the following applies:
29.537(7)(a)
(a) The person has been issued a commercial clam sheller, clam helper, clam buyer or assistant clam buyer license by the department or the person is exempt under
sub. (3) (a) 3., and the clams are of a species open to commercial clam shelling and are of the minimum size or larger for commercial clam shelling.
29.537(7)(b)
(b) The person demonstrates that the clams are being transported through the state in interstate commerce by a reasonably direct route.
29.537(8)
(8) Rules. The department may promulgate rules governing clamming and the clamming practices of commercial clam shellers, clam helpers, clam buyers and assistant clam buyers and other related matters, including but not limited to all of the following:
29.537(8)(a)
(a) Open and closed seasons and size and possession limits for different clam species.
29.537(8)(b)
(b) The methods of clamming and commercial clam shelling.
29.537(8)(e)
(e) Waters and portions of waters open and closed to clamming or commercial clam shelling.
29.537(8)(f)
(f) Transportation, possession, purchase, sale and barter of clams.
29.537(8)(g)
(g) Issuance and duration of permits for commercial clam shellers who are exempt under
sub. (3) (a) 3. from the license requirement.
29.537(8)(h)
(h) Harvest limits, allocating the harvest limits among the commercial clam shellers and criteria for allocation.
29.537(9)
(9) Confidentiality. Upon request in writing by a person who is required by department rule to keep a record or submit a report, the department shall keep confidential any information on the record or report relating to the value or weight of clams bought, sold or bartered by the person or relating to the specific location where the clams were taken, killed, collected or removed, except that the information may be disclosed in statistical summaries or reports which do not identify the person by name or license number and in any enforcement action under
s. 29.971 (1m).
29.537 History
History: 1985 a. 289,
332;
1987 a. 399;
1989 a. 336;
1993 a. 213;
1997 a. 248 s.
501; Stats. 1997 s. 29.537.
29.537 Annotation
All illegal clamming violations are punishable by forfeiture under s. 29.99 (1m) (a) [now s. 29.971 (11m) (a)] except violations of the possession provisions of this section. State v. Ahrling, 191 W (2d) 398, 528 NW (2d) 431 (1995).
29.539
29.539
Sale of game or fish. 29.539(1)(a)(a) Except as otherwise expressly provided under this chapter, no person may sell, buy, barter or trade, or offer to sell, buy, barter or trade or have in possession or under control for the purpose of sale, barter or trade any of the following:
29.539(1)(a)1.
1. Deer, bear, squirrel, game bird, game fish or the carcass of any of these wild animals at any time.
29.539(1)(a)2.
2. Any other wild animal or its carcass during the closed season for that wild animal.
29.539(1)(b)
(b) This subsection applies whether the wild animals listed under
par. (a) were lawfully or unlawfully taken within or without the state.
29.539(1m)
(1m) Subsection (1) does not apply to farm-raised deer or farm-raised fish.
29.539(2)
(2) No fish taken by hook and line from outlying waters, except rough fish, may be sold, bartered or traded in any manner.
29.539(3)
(3) The eggs from trout and salmon that are not farm-raised fish and that are lawfully taken and possessed under this chapter are exempted from this section if removed from the fish. The whole fish shall be taken to the buyer of the eggs and the eggs removed in the presence of the buyer. The fish carcass shall be legally disposed of.
29.539(4)
(4) The tails and skin of any squirrel lawfully killed, when severed from the rest of the carcass are exempted from this section.
29.539(5)(a)(a) The hide of any bear which is lawfully killed is exempt from
sub. (1) if the hide includes the claws, head and teeth of the bear.
29.539(5)(b)
(b) No person may sell, buy, barter or trade or offer to sell, buy, barter or trade or possess or control for the purpose of sale or barter any bear claws or bear teeth which are not part of a bear hide.
29.539(6)
(6) The sale of a species of fish specified under
s. 29.506 (7m) (b) or of the carcass of any of these fish is exempt under this section if the sale is authorized by a permit issued under
s. 29.506 (7m).
29.541
29.541
Serving of game to guests. 29.541(1)(a)(a) No innkeeper, manager or steward of any restaurant, club, hotel, boarding house, tavern, logging camp or mining camp may sell, barter, serve or give, or cause to be sold, bartered, served or given, to its guests or boarders any of the following:
29.541(1)(a)1.
1. The meat of any deer, bear, squirrel, game bird or game fish taken from inland waters at any time.
29.541(1)(a)2.
2. The meat of any wild animal not listed in
subd. 1., during the closed season for the wild animal, whether the meat is of a wild animal lawfully or unlawfully taken within or without the state.
29.541(1)(b)
(b) The department may issue permits authorizing the serving of lawfully taken and possessed wild animals at any time.
29.541(2)
(2) Free lunch. The giving, offering, or affording opportunity to take free lunch in any of the places named in
sub. (1) is embraced within the prohibitions of
sub. (1).
29.541(3)
(3) Exemption. This section does not apply to the meat from farm-raised deer or from farm-raised fish.
29.541 History
History: 1975 c. 360;
1991 a. 269;
1995 a. 79;
1997 a. 27;
1997 a. 248 ss.
546 to
553; Stats. 1997 s. 29.541.
APPROVAL FEES AND EFFECTIVE PERIODS
29.553(1)(1) Except as provided in
sub. (3), if the department issues any of the following approvals, a nonrefundable processing fee, in addition to any other fee imposed under
s. 29.563, shall be collected for each approval:
29.553(2)
(2) If a person applies jointly for a hunter's choice deer hunting permit and a bonus deer hunting permit, the person shall pay a single processing fee. A person who applies for a bonus deer hunting permit is exempt from paying an additional processing fee if the person has already applied for a hunter's choice deer hunting permit for the same season. If the department authorizes the issuing of more than one bonus deer hunting permit to a person in a single season under
s. 29.181 (2) or
(2m), the person is exempt from paying an additional processing fee for an application for the 2nd or subsequent bonus deer hunting permit.
29.553(3)
(3) The department may waive the processing fee for the approvals specified in
sub. (1) (a),
(am) and
(c) to
(g) for persons who apply for or are holders of resident conservation patron licenses and nonresident conservation patron licenses.
29.553 History
History: 1997 a. 248 ss.
143 to
149.
29.556(1)(1) In addition to any other fee imposed under
s. 29.563, the department may collect a handling fee for the approvals that the department itself issues.
29.556(2)
(2) If the department collects a handling fee under
sub. (1), it shall promulgate rules to designate the approvals to which the fee applies and to establish the amounts of the fee. The fee may not be more than the amounts necessary to cover the handling costs of issuing the approvals. In this paragraph, "handling costs" includes the costs associated with paying for approvals that are requested by mail, telephone or electronic means and includes credit transaction fees, mailing costs and personnel costs that are necessary to process the credit transaction.
29.556(3)
(3) Any fees collected under this section shall be credited to the appropriation account under
s. 20.370 (9) (hu).
29.556 History
History: 1997 a. 248 ss.
150,
151.
