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:
29.855(1)(a)1.
1. Removal or transportation of a skunk from one location to a more appropriate location.
29.855(1)(a)2.
2. Restraint or transportation of a skunk for game censuses, surveys or other purposes authorized by the department.
29.855(1)(b)
(b) "Domestic skunk" means a skunk raised on a fur animal farm licensed under
s. 29.869.
29.855(1)(d)
(d) "Wild skunk" means any skunk except a domestic skunk.
29.855(2)(a)(a)
Restrictions on possession of wild skunks. No person may possess any live wild skunk unless authorized under
s. 29.857 except to control the skunk temporarily.
29.855(2)(b)
(b)
Restrictions on possession of domestic skunks. No person may possess any live domestic skunk unless authorized under
s. 29.857 or
29.869 except to control the skunk temporarily.
29.855(2)(c)
(c)
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 wild or domestic skunk.
29.855(3)(a)(a)
Restrictions on sale of wild skunks. No person may sell any live wild skunk unless authorized under
s. 29.857 and unless the person to whom the skunk is sold is also authorized under
s. 29.857.
29.855(3)(b)
(b)
Restrictions on sale of domestic skunks. No person may sell any live domestic skunk unless authorized under
s. 29.857 or
29.869 and unless the purchaser is also authorized under one of those sections and presents evidence of that authorization to the seller.
29.855(3)(d)
(d)
Return of domestic skunks. A person who sells any live skunk shall inform the purchaser that the release of a skunk is illegal and that the seller will accept the return of the skunk.
29.855(3)(e)
(e)
Local prohibition. Notwithstanding
par. (a), the governing body of a county, city, village or town may, by ordinance, prohibit the sale of any live skunk.
29.855(4)
(4) Descenting. No person may operate on a live wild skunk to remove its scent glands unless the person who possesses the skunk is authorized under
s. 29.857 or
29.869. A veterinarian to whom a person brings a live wild skunk for removal of its scent glands or for other treatment shall notify that person that possession of a live skunk is illegal and shall notify the department.
29.855(5)
(5) Release. No person may release a domestic skunk into the environment.
29.855(6)
(6) Destruction. A person may kill at any time a wild skunk which is a nuisance to activities authorized under
s. 29.857,
29.863,
29.867,
29.869,
29.871 or
29.877. A person who kills an adult wild skunk with young shall attempt to kill the young skunks.
