29.733(2)(c)4.
4. The department may delay the renewal or denial of the renewal under
subd. 3. until the May 31 immediately following the date on which the department receives the renewal application if ice conditions prevent the department from inspecting the body of water for purposes of renewal within a reasonable time after receiving the application.
29.733(2)(d)
(d) If the department denies a permit under
par. (a),
(b) or
(c), the department shall issue written findings supporting the reason for the denial that are based on the criteria promulgated under
par. (f).
29.733(2)(e)
(e) The department may suspend a permit for a body of water specified in
sub. (1) (c) 2. for 90 days if the department finds that the permit holder has failed to adequately maintain the fish barriers and may revoke the permit if the department determines that the failure to adequately maintain the barriers has not been corrected within the 90-day period.
29.733(2)(f)
(f) The department shall promulgate rules to establish the fees, criteria and procedures to be used in issuing permits under this subsection.
29.733 History
History: 1997 a. 27,
191,
237;
1997 a. 248 s.
581; Stats; 1997 s. 29.733.
29.734
29.734
Barriers required for fish farms. No person may use any body of water as a fish farm or as part of a fish farm unless the body of water is equipped with barriers that prevent the passage of fish between it and the other waters of the state.
29.734 Note
NOTE: This section was created by
1997 Wis. Act 237 as s. 29.522 and renumbered by the revisor under s. 13.93 (1) (b).
29.734 History
History: 1997 a. 237; s. 13.93 (1) (b).
29.735
29.735
Importation of fish. 29.735(1)
(1) No person may bring into this state any fish, or fish eggs, of a species that is not native to this state for the purpose of introduction into the waters of the state, as defined in
s. 281.01 (18), of use as bait or of rearing in a fish farm without having a permit issued by the department.
29.735(2)
(2) A person applying for a permit under this section shall submit a written application to the department.
29.735(3)
(3) Subsections (1) and
(2) do not apply to the importation of fish by the department.
29.735(4)
(4) For the purpose of issuing permits under this section, the department may not require that any testing, inspection or investigation be performed concerning the health of the fish.
29.735 History
History: 1997 a. 27;
1997 a. 248 s.
582; Stats. 1997 s. 29.735.
29.736
29.736
Stocking of fish. 29.736(1)(b)
(b) "Qualified inspector" means a veterinarian licensed under
ch. 453 or a person who is qualified to issue fish health certificates under
s. 95.60 (4s) (c).
29.736(1)(c)
(c) "Waters of the state" does not include preexisting fish rearing facilities that are artificial bodies of water or self-contained fish rearing facilities.
29.736(2)(a)(a) No person may introduce, stock or plant any fish in the waters of the state unless all of the following apply:
29.736(2)(a)2.
2. The fish have been certified by a qualified inspector to meet the fish health standards and requirements promulgated under
s. 95.60 (4s) (b).
29.736(2)(b)
(b) A person applying for a permit under this section shall submit a written application to the department.
29.736(2)(c)
(c) This subsection does not apply to introduction, stocking or planting of fish by the department.
29.736(3)(a)(a) The department may not introduce, stock or plant any fish in the waters of the state unless the fish have been certified by a qualified inspector to meet the fish health standards and requirements promulgated under
s. 95.60 (4s) (b).
29.736(4)
(4) For the purposes of issuing permits under this section and for introducing, stocking or planting of fish by the department, the department:
29.736(4)(a)
(a) Shall accept the certification by a qualified inspector that the fish meet the fish health standards and requirements promulgated under
s. 95.60 (4s) (b) and may not require that any additional testing, inspection or investigation be performed concerning the health of the fish.
29.736(4)(b)
(b) May regulate the species of fish, the number of fish and the sites where the fish will be introduced, planted or stocked.
29.736(5)
(5) The requirement of being issued a permit under this section does not apply to civic organizations, organizations operating newspapers or television stations or promoters of sport shows when and in connection with publicly showing or exhibiting, giving demonstrations with or providing fishing of fish for periods of not to exceed 10 days if the fish are placed in a tank or an artificially constructed pond that is a self-contained body of water. Fish used for these purposes shall have been certified by a qualified inspector to meet the fish health standards and requirements promulgated under
s. 95.60 (4s) (b).
29.736 History
History: 1997 a. 27,
237;
1997 a. 248 ss.
583,
584; Stats. 1997 s. 29.736.
29.737
29.737
Permit for private management. 29.737(1)
(1) Any person or persons owning all of the land bordering a navigable lake that is completely landlocked may apply to the department for a permit to remove, destroy or introduce fish in the lake.
29.737(2)
(2) The department shall hold a public hearing on the permit application in the vicinity of the lake, and if the department determines that the hearing is favorable the department may issue a permit authorizing the applicant to remove, destroy or introduce fish in the lake.
29.737(3)
(3) The department shall impose appropriate terms, conditions and limitations on the permit. All work done under the permit shall be under the supervision of employes or agents of the department, who shall have free access to the lake at all times for that purpose. The permittee shall pay the expenses of the supervision.
29.737(4)
(4) All fish removed from the lake under a permit shall be disposed of as directed by the department.
29.737(5)
(5) A person who is using a navigable lake that is a freeze-out pond as a fish farm, or as part of a fish farm, is exempt from obtaining a permit under this section.
29.737 History
History: 1997 a. 27;
1997 a. 248 ss.
576 to
578; Stats. 1997 s. 29.737.
29.738
29.738
Private fishing preserves. 29.738(1)
(1) A single person may register with the department a natural, navigable, self-contained body of water as a private fishing preserve if all of the following apply:
29.738(1)(a)
(a) All of the use and occupancy rights in the land that is riparian to the body of water are owned or leased by the registrant.
29.738(1)(b)
(b) The registrant and any owner of the riparian land do not provide access to the body of water to the public by means of an easement or other right-of-way or by means of a business open to the public.
29.738(1)(c)
(c) The registrant held a private fish hatchery license under s.
29.52, 1995 stats., on December 31, 1997, that applied to the body of water being registered as a private fishing preserve.
29.738(2)
(2) No lake association, corporation or other association that is formed to establish a private fishing preserve is eligible to register under this section.
29.738(3)
(3) A registration under this section is valid for one year.
29.738(4)
(4) A person who is fishing in a private fishing preserve is exempt from having any sport fishing approval issued under this chapter. No person may sell or trade fish that are caught in a private fishing preserve. No person may charge a fee for fishing in a private fishing preserve or a fee for an activity that includes the privilege of fishing in a private fishing preserve.
29.738 History
History: 1997 a. 27,
237;
1997 a. 248 s.
579; Stats. 1997 s. 29.738.
29.741
29.741
State propagation of wild animals. 29.741(1)
(1) The department may take or purchase and direct the distribution of wild animals and their eggs for propagation. This subsection does not apply to farm-raised fish.
29.741(2)
(2) No person shall take, remove, sell, or transport from the public waters of this state to any place beyond the borders of the state, any duck potato, wild celery, or any other plant or plant product except wild rice native in said waters and commonly known to furnish food for game birds.
29.741 History
History: 1989 a. 359;
1997 a. 248 s.
593; Stats. 1997 s. 29.741.
29.745
29.745
Introduction of wild animals other than fish. 29.745(1)(a)(a) A person shall obtain a permit from the department before doing any of the following:
29.745(1)(a)1.
1. Importing into the state any wild animal other than fish or their eggs for the purpose of introducing or stocking that wild animal.
29.745(1)(a)2.
2. Introducing or stocking any wild animal other than fish or their eggs.
29.745(1)(b)
(b) Application for a permit shall be made on forms provided by [to] the department.
29.745 Note
NOTE: The bracketed language was rendered surplusage by the treatment of this provision by
1997 Wis. Act 248. Corrective legislation is pending.
29.745(1)(c)
(c) Permits for introducing or stocking under
par. (a) 2. shall be issued by the department only after investigation and inspection of the wild animals as the department determines is necessary.
29.745(2)
(2) The department and its agents are not required to obtain a permit under this section.
29.745 History
History: 1975 c. 360,
421;
1995 a. 378;
1997 a. 27;
1997 a. 248 ss.
585 to
591,
701; Stats. 1997 s. 29.745.
29.749
29.749
Horicon marsh fur farm and dam. 29.749(1)
(1) The department shall establish a fur farm on the Horicon marsh in Dodge County under the supervision of the department.
29.749(2)
(2) The department may maintain a dam in or near the city of Horicon, to control and regulate the flood waters on the Rock River, and to restore the Rock River on Horicon marsh to the natural levels existing prior to drainage of the marsh.
29.749 History
History: 1997 a. 248 ss.
609 to
612; Stats. 1997 s. 29.749.
CAPTIVE ANIMALS
29.853
29.853
Possession and sale of live game animals and fur-bearing animals. 29.853(1)
(1)
Definitions. As used in this section:
29.853(1)(a)
(a) "Control temporarily" means to possess an animal for a limited period of time for one of the following purposes:
29.853(1)(a)1.
1. Removal or transportation of an animal from one location to a more appropriate location.
29.853(1)(a)2.
2. Restraint or transportation of an animal for treatment or medical care.
29.853(1)(a)3.
3. Restraint or transportation of an animal for game censuses, surveys or other purposes authorized by the department.
29.853(1)(b)
(b) "Possess" means to own, restrain, keep in captivity or transport an animal.
29.853(2)(b)
(b)
Local prohibition. Notwithstanding
par. (a), the governing body of any county, city, village or town may, by ordinance, prohibit a person from possessing any live game animal or fur-bearing animal.
29.853(3)(a)(a)
Restrictions. No person may sell any live game animal or fur-bearing animal unless authorized under
s. 29.857,
29.863,
29.867,
29.869,
29.871 or
29.877 and unless the purchaser is also authorized under one of those sections and presents evidence of that authorization to the seller.
29.853(3)(b)
(b)
Record. A person who sells any live game animal or fur-bearing animal shall keep a record of each sale, the name and address of the purchaser, the type of authorization or license held by the purchaser and its number, if any, the date of sale and a description of the animal. The record shall be kept for 2 years after the sale and shall be open to inspection by the department.
29.853(3)(c)
(c)
Local prohibition. Notwithstanding
par. (a), the governing body of any county, city, village or town may, by ordinance, prohibit the sale of any live game animal or fur-bearing animal.
29.853(4m)
(4m) Applicability. This section does not apply to farm-raised deer.
29.853(5)
(5) Penalty. A person who violates this section shall forfeit not less than $100 nor more than $1,000.
29.853 History
History: 1979 c. 289;
1991 a. 269;
1995 a. 79;
1997 a. 170;
1997 a. 248 ss.
512 to
514; Stats. 1997 s. 29.853.
29.855
29.855
Possession, sale, release and destruction of live skunks. 29.855(1)(1)
Definitions. As used in this section:
29.855(1)(a)
(a) "Control temporarily" means to possess a skunk for a limited period of time for one of the following purposes:
