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 the department.
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;
1999 a. 32.
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.
29.855(7)
(7) Penalty. A person who violates this section shall forfeit not less than $100 nor more than $1,000.
29.857
29.857
Wild animals for parks. 29.857(1)
(1) The department may, on application of any park board, grant permit to take, have, sell, barter, or transport, at any time, live wild animals for park purposes.
29.857(2)
(2) The department may, on application of any person, grant a permit to such person to take and transport wild animals for propagation within the state, under the supervision of the department or its wardens.
29.857(2m)
(2m) Subsections (1) and
(2) do not apply to farm-raised deer or farm-raised fish.
29.857(3)
(3) No bona fide public zoo shall be subject to this section.
29.857(4)
(4) Notwithstanding any other provision of law to the contrary it is lawful for a bona fide public zoo to have, purchase, barter or sell any live animal, domestic or foreign, to or with another bona fide public zoo, licensed deer farm or reputable animal dealer, within or without this state.
29.857 History
History: 1995 a. 79;
1997 a. 27;
1997 a. 248 s.
596; Stats. 1997 s. 29.857.
29.861
29.861
Animal wildlife exhibit. 29.861(1)
(1) The department shall establish an exhibit where wild animals may be viewed by the public on state owned lands.
29.861(2)
(2) No person may hunt or trap within the boundaries of the wildlife exhibit or possess a gun or firearm within the boundaries of the wildlife exhibit unless it is unloaded and knocked down or enclosed in a carrying case.
29.861 History
History: 1991 a. 316;
1997 a. 248 ss.
602 to
606; Stats. 1997 s. 29.861.
29.863
29.863
Game farms; license. 29.863(1)
(1) No person may cause or permit any lands or waters to be posted with signs of any kind indicating that the lands or waters are licensed under
ss. 29.865 to
29.871 unless the lands and waters are in fact so licensed.
29.863(2)
(2) If a license under
ss. 29.865 to
29.871 expires or lapses and is not renewed, the licensee, landowner or other person having control over the lands or waters shall remove or cause the signs to be removed within 45 days after the expiration or termination of the license.
29.863(3)
(3) Applications for the renewal of a license under
ss. 29.865 to
29.871 shall be filed with the department on or before the expiration date of the license, except that an application for renewal may be filed within 45 days after the expiration date if it is accompanied by the late filing fee specified under
s. 29.563 (9) (b) in addition to the regular license or renewal fee. If application for renewal of a license is not made as required in this subsection or if a license is terminated for any reason, all rights and privileges of the licensee under the license are terminated upon the expiration of the 45-day period provided in this subsection or on the date of termination, whichever occurs first. Thereafter, the lands and waters which were included under the license shall be subject to
ss. 29.865 to
29.871.
29.863 History
History: 1975 c. 322 s.
14;
1983 a. 27;
1997 a. 27;
1997 a. 248 ss.
611 to
615; Stats. 1997 s. 29.863.
29.865
29.865
Pheasant and quail farms. 29.865(1)
(1) The department may issue licenses for the releasing, hunting, possession and use of pheasants and quail on pheasant and quail farms if, in the judgment of the department, operations under these licenses will result in a net increase in the supply of pheasants and quail in the state and will be in the public interest.
29.865(2)
(2) No license may be issued unless the applicant owns or leases the land for which the license is issued. Boundaries of the land that is licensed shall be defined and posted as prescribed by the department.
29.865(3)
(3) The department shall determine the minimum number of pheasants and quail to be released for hunting on the licensed premises and establish the time limits during which the birds may be hunted.
29.865(4)(a)(a) Until the release of pheasants and quail is approved by the department, it is unlawful to hunt pheasants or quail on the licensed premises. When the release is approved by the department, the licensee and other persons designated by the licensee who are lawfully entitled to hunt small game may hunt on the licensed premises, have in possession and dispose of by gift the pheasants or quail.
29.865(4)(b)
(b) Each licensee shall keep a record of birds as required by the department. The licensed premises and records may be inspected by the department at any time and shall be furnished to the department on request.
