29.597(1)(b)3.
3. Interrelationships between trapping activities and the conservation of natural resources.
29.597(1)(c)
(c) The trapper education program shall use certified instructors when providing the instruction on techniques of trapping fur-bearing animals. The department shall establish criteria and standards for certifying these instructors.
29.597(2)(a)(a) The department and the organization with which the department enters into an agreement under
sub. (1) (a) shall jointly do all of the following:
29.597(2)(a)1.
1. Contract with a qualified individual, who may not be an employe of the department, to operate the trapper education program.
29.597(2)(a)2.
2. Prescribe the duties and responsibilities of the individual contracted with under
subd. 1.
29.597(2)(b)
(b) The individual contracted with under
par. (a) 1. shall operate the trapper education program and shall do all of the following:
29.597(2)(b)1.
1. Supervise the recruitment and training of qualified trapper education instructors.
29.597(2)(b)3.
3. Maintain the records for the trapper education program.
29.597(3)(a)(a) The department shall establish by rule the fee for the course of instruction under the trapper education program.
29.597(3)(b)
(b) An instructor conducting the course of instruction under the trapper education program shall collect the fee established under
par. (a) from each person receiving instruction. The department may authorize an instructor to retain up to 50% of the fee to defray expenses incurred by the instructor conducting the course. The instructor shall remit the remaining portion of the fee or, if nothing is retained, the entire fee to the department.
29.597(4)
(4) Course and promotional materials. The department may reimburse the organization with which it enters into an agreement under
sub. (1) (a) for the organization's costs of producing promotional and course materials for the program.
29.597(5)(a)(a) The department shall issue a certificate of accomplishment without charge to a person who successfully completes the course of instruction under the trapper education program and who pays the instruction fee. The certificate may be used by a resident to whom issued in place of a trapping license for the period specified by the department.
29.597(5)(b)
(b) The department shall issue a duplicate certificate of accomplishment to a person who is entitled to a duplicate certificate of accomplishment. The department shall establish by rule the fee for a duplicate certificate.
29.597(6)
(6) Requirement of certificate of accomplishment to obtain trapping approval. 29.597(6)(a)(a) No person may be issued an approval authorizing trapping unless he or she holds a valid certificate of accomplishment issued under this section.
29.597(6)(b)
(b) The following persons are exempt from the requirement under
par. (a):
29.597(6)(b)1.
1. A person who holds on May 12, 1992, a valid approval authorizing trapping.
29.597(6)(b)3.
3. A person who has held a valid approval authorizing trapping that expired before May 12, 1992, and that was not suspended or revoked.
29.597(6)(b)4.
4. A person who holds a valid certificate, license or other evidence indicating that he or she has successfully completed a trapper education course in another state if the department determines that the course has substantially the same content as the course of instruction under the program established under this section.
29.597 History
History: 1991 a. 254;
1997 a. 248 ss.
416 to
419,
644; Stats. 1997 s. 29.597.
MISCELLANEOUS PROVISIONS
29.601
29.601
Noxious substances. 29.601(1)(a)1.
1. Take, capture or kill fish or game of any variety in any waters of this state by means of dynamite or other explosives or poisonous or stupefying substances or devices.
29.601(1)(a)2.
2. Place in any waters of this state explosives which might cause the destruction of fish or game, except when authorized by the department for the purpose of raising dead bodies, clearing a channel or breaking a log or ice jam.
29.601(1)(a)3.
3. Have in the possession or under the control of the person, upon any waters of this state, any dynamite or other explosives or poisonous or stupefying substances or devices for the purpose of taking, catching or killing fish or game.
29.601(1)(b)
(b) Whoever violates this subsection shall be fined not more than $500 or imprisoned for not more than 90 days or both.
29.601(2)
(2) Poison. No person may use, set, lay or prepare in any of the waters of this state any poison or any other substance deleterious to fish life.
29.601(3)(a)(a) No person may throw or deposit, or permit to be thrown or deposited, into any waters within the jurisdiction of the state any lime, oil, tar, garbage, refuse, debris, tanbark, ship ballast, stone, sand, except where permitted by
s. 30.12 (3) (a) 1., slabs, decayed wood, sawdust, sawmill refuse, planing mill shavings or waste material of any kind, or any acids or chemicals or waste or refuse arising from the manufacture of any article of commerce, or any other substance deleterious to game or fish life.
29.601(3)(b)
(b) Paragraph (a) does not apply to authorized drainage and sewage from municipalities and industrial or other wastes discharged from mines or commercial or industrial or ore processing plants or operations, through treatment and disposal facilities installed and operated in accordance with plans submitted to and approved by the department under
chs. 281,
285 or
289 to
299, except
s. 281.48, or in compliance with orders of the department. Any order is subject to modification by subsequent orders.
29.601(3)(c)1.1. Any person violating this subsection shall forfeit not more than $200. Each day of a continuing violation is a separate offense.
29.601(3)(c)2.
2. Any person who intentionally violates this subsection shall be fined not more than $200 or imprisoned not more than 90 days or both.
29.601(4)
(4) Use of pesticides. The department of natural resources, after public hearing, may promulgate rules governing the use of any pesticide which it finds is a serious hazard to wild animals other than those it is intended to control, and the making of reports about the pesticide. In promulgating the rules, the department to the extent relevant shall consider the need for pesticides to protect the well-being of the general public. "Pesticide" has the meaning given in
s. 94.67.
29.601(5)(a)(a) This section does not apply to any activities carried out under the direction and supervision of the department of transportation in connection with the construction, reconstruction, maintenance and repair of highways and bridges in accordance with
s. 30.12 (4).
29.601(5)(b)1.1. This section does not apply to toxicants placed in the waters of a self-contained fish rearing facility or a state or municipal fish hatchery if the toxicants are necessary to the operation of the fish farm or fish hatchery.
29.601(5)(b)2.
2. This section does not apply to toxicants placed in the waters of a preexisting fish rearing facility that is an artificial body of water if the toxicants are necessary to the operation of the fish farm and the department has issued a permit under
s. 283.31 for the preexisting fish rearing facility.
29.601 Cross-reference
Cross-reference: See s.
134.67 for prohibition of use of DDT and exceptions to the prohibition.
29.601 Annotation
The legislative history and language of sub. (3) indicate that the statute is concerned primarily with the discharge into navigable waters of refuse arising from manufacturing activities and does not attempt to prohibit silting caused by surface water runoff. State v. Deetz, 66 W (2d) 1, 224 NW (2d) 407.
29.601 Annotation
A proposed rule prohibiting the use of the chemical 2,4,5-T unless a permit has been obtained is within the statutory authority of DNR under sub. (4). 64 Atty. Gen. 126.
29.601 Annotation
Discharging taconite tailings into the waters of Lake Superior was a violation of the Federal Water Pollution Control Act and common-law nuisance. United States v. Reserve Mining Co. 380 F Supp. 11.
29.604
29.604
Endangered and threatened species protected. 29.604(1)(1)
Purpose. The legislature finds that certain wild animals and wild plants are endangered or threatened and are entitled to preservation and protection as a matter of general state concern. The federal endangered species act of 1973 and the Lacey act together provide for the protection of wild animals and wild plants threatened with worldwide extinction by prohibiting the importation of endangered or threatened wild animals and wild plants and by restricting and regulating interstate and foreign commerce in wild animals and wild plants taken in violation of state, federal and foreign laws. The states, however, must also assume their responsibility for conserving these wild animals and wild plants and for restricting the taking, possession, transportation, processing or sale of endangered or threatened wild animals and wild plants within their respective jurisdictions to assure their continued survival and propagation for the aesthetic, recreational and scientific purposes of future generations. The legislature finds that by restricting the taking, possession or marketing of endangered species in this state and by establishing a program for conservation and restoration of these endangered or threatened species, their potential for continued existence will be strengthened. The legislature further finds that the activities of both individual persons and governmental agencies are tending to destroy the few remaining whole plant-animal communities in this state. Since these communities represent the only standard against which the effects of change can be measured, their preservation is of highest importance, and the legislature urges all persons and agencies to fully consider all decisions in this light.
29.604(2)
(2) Definitions. For purposes of this section:
29.604(2)(a)
(a) "Endangered species" means any species whose continued existence as a viable component of this state's wild animals or wild plants is determined by the department to be in jeopardy on the basis of scientific evidence.
29.604(2)(am)
(am) "State agency" means a board, commission, committee, department or office in the state government. "State agency" does not include the department of natural resources or the office of the governor.
29.604(2)(b)
(b) "Threatened species" means any species of wild animals or wild plants which appears likely, within the foreseeable future, on the basis of scientific evidence to become endangered.
29.604(2)(bn)
(bn) "Whole plant-animal community" means a group of species living together in a particular area, time and habitat.
29.604(2)(c)
(c) Notwithstanding
s. 29.001 (90), "wild animal" means any mammal, fish, wild bird, amphibian, reptile, mollusk, crustacean, or arthropod, or any part, products, egg or offspring thereof, or the dead body or parts thereof.
29.604(2)(d)
(d) "Wild plant" means any undomesticated species of the plant kingdom occurring in a natural ecosystem.
29.604(3)
(3) Endangered and threatened species list. 29.604(3)(a)(a) The department shall by rule establish an endangered and threatened species list. The list shall consist of 3 parts: wild animals and wild plants on the U.S. list of endangered and threatened foreign species; wild animals and wild plants on the U.S. list of endangered and threatened native species; and a list of endangered and threatened Wisconsin species. Wisconsin endangered species shall be compiled by issuing a proposed list of species approaching statewide extirpation. Wisconsin threatened species shall be compiled by issuing a proposed list of species which appear likely, within the foreseeable future, to become endangered. Issuance of the proposed lists shall be followed by solicitation of comments and public hearing. Wild animals and wild plants shall be considered to be approaching statewide extirpation if the department determines, based upon the best scientific and commercial data available to it, after consultation with other state game directors, federal agencies and other interested persons and organizations, that the continued existence of these wild animals and wild plants in this state is in jeopardy.
29.604(3)(b)
(b) The department shall periodically review and, following public hearing, may revise its endangered and threatened species list. A summary report of the scientific data used to support all amendments to the state's endangered and threatened species list shall be maintained by the department.
29.604(3)(c)
(c) The department may upon the petition of 3 persons review any listed or unlisted wild animal or wild plant if the persons present scientific evidence to warrant such a review, after which the department may by hearing and rule amend the statewide list.
29.604(4)
(4) Prohibition. Except as provided in
sub. (6r) or as permitted by departmental rule or permit:
29.604(4)(a)
(a) No person may take, transport, possess, process or sell within this state any wild animal specified by the department's endangered and threatened species list.
29.604(4)(b)
(b) No person may process or sell to another person a wild plant of an endangered or threatened species.
29.604(4)(c)
(c) No person may do any of the following to any wild plant of an endangered or threatened species that is on public property or on property that he or she does not own or lease, except in the course of forestry or agricultural practices or in the construction, operation or maintenance of a utility facility:
29.604(4)(c)1.
1. Remove, transport or carry away the wild plant from the place where it is growing.
29.604(4)(c)2.
2. Cut, root up, sever, injure or destroy the wild plant.
29.604(5)(a)1.1. Whoever violates
sub. (4) (a) shall forfeit not less than $500 nor more than $2,000. In addition, the court shall order the revocation of all hunting approvals issued to the person under this chapter and shall prohibit the issuance of any new hunting approvals under this chapter for one year. Whoever intentionally violates
sub. (4) (a) shall be fined not less than $2,000 nor more than $5,000 or imprisoned for not more than 9 months or both. In addition, the court shall order the revocation of all hunting approvals issued to the person under this chapter and shall prohibit the issuance of any new hunting approvals under this chapter for 3 years.
29.604(5)(a)2.
2. Whoever violates
sub. (4) (b) or
(c) shall forfeit not more than $1,000. Whoever intentionally violates
sub. (4) (b) or
(c) shall be fined not more than $1,000 or imprisoned for not more than 9 months or both.
29.604(5)(b)
(b) Any officer employed and authorized by the department, or any police officer of this state or of any municipality or county within this state, shall have the authority to execute a warrant to search for and seize any goods, business records, merchandise or wild animal or wild plant taken, employed, used or possessed in violation of this section. Any such officer or agent may, without a warrant arrest any person whom the officer or agent has probable cause to believe is violating this section in his or her presence or view. An officer or agent who has made an arrest of a person in connection with any violation under this section may search the person or business records at the time of arrest and seize any wild animals and wild plants, records, or property taken, used or employed in connection with any violation.
29.604(5)(c)
(c) Goods, merchandise, wild animals, wild plants or records seized under
par. (b) shall be held by an officer or agent of the department pending disposition of court proceedings and shall be forfeited to the state for destruction or disposition as the department determines to be appropriate. Prior to forfeiture, the department may direct the transfer of wild animals or wild plants so seized to a qualified zoological, educational or scientific institution or qualified private propagator for safekeeping with costs assessable to the defendant.
29.604(6)(a)(a) The department shall issue a permit, under such terms and conditions as it may prescribe by rule, authorizing the taking, exportation, transportation or possession of any wild animal or wild plant on the list of endangered and threatened species for zoological, educational or scientific purposes, for propagation of such wild animals and wild plants in captivity for preservation purposes, unless such exportation, possession, transportation or taking is prohibited by any federal law or regulation, or any other law of this state.
29.604(6)(b)
(b) Any endangered species of wild animal or wild plant which enters the state from another state or from a point outside the territorial limits of the United States and which is being transported to a point within or beyond the state may enter the state and be transported without restriction in accordance with the terms of any federal permit or permit issued under the laws or regulations of another state.
29.604(6)(c)
(c) Possession, sale or transportation within this state of any endangered species on the U.S. list of endangered and threatened foreign species shall not require a state permit under
par. (a).
29.604(6m)(b)
(b) The department may issue a permit, under such terms and conditions as it may prescribe, authorizing a taking that otherwise is prohibited by this section if the taking is not for the purpose of, but will be only incidental to, the carrying out of an otherwise lawful activity.
29.604(6m)(c)
(c) The department may not issue a permit under this subsection unless an applicant for the permit submits to the department a conservation plan and an implementing agreement. The conservation plan shall include all of the following:
29.604(6m)(c)1.
1. A description of the impact that will likely occur as a result of the taking of an endangered species or threatened species that is specified on the department's endangered and threatened species list.
29.604(6m)(c)2.
2. The steps that the parties specified under
par. (d) will take to minimize and mitigate the impact that the endangered species or the threatened species will suffer.
