29.341 History
History: 1975 c. 365;
1991 a. 316;
1997 a. 248 s.
413; Stats. 1997 s. 29.341.
29.345
29.345
Hunting, fishing or trapping accident; failure to report. 29.345(1)(1) Every person who has caused or been involved in an accident in which a person has been injured by discharge of a firearm or arrow while hunting, fishing or trapping, or inflicted an injury upon himself or herself with a firearm or with an arrow while hunting, fishing or trapping, shall render a report to the department at any of its field offices within 10 days after the injury unless the person is physically incapable of making the required report, in which event the person or persons involved in the accident shall designate an agent to file the report within the specified time.
29.345(2)
(2) Any person who is involved in an accident with firearm or arrow while hunting, fishing or trapping, and who fails to submit the report required by this section, shall forfeit not more than $50. In addition, the court may revoke any license issued to the person under this chapter and may further provide that no license shall be issued to the person under this chapter for a fixed period of time specified by the court.
29.345 History
History: 1975 c. 365;
1991 a. 316;
1997 a. 248 s.
414; Stats. 1997 s. 29.345.
29.347
29.347
Possession of deer and elk; heads and skins. 29.347(1)(a)
(a) "Law enforcement officer" means a warden or any other law enforcement officer authorized by the department to issue tags for car kill deer.
29.347(1)(b)
(b) "Validated" means marked with specified information in the manner required by the department.
29.347(2)
(2) Deer or elk carcass tags. Except as provided under
sub. (5) and
s. 29.324 (3), any person who kills a deer shall immediately attach to the ear or antler of the deer a current validated deer carcass tag which is authorized for use on the type of deer killed. Any person who kills an elk shall immediately attach to the ear or antler of the elk a current validated elk carcass tag. Except as provided under
sub. (2m) or
s. 29.89 (6), no person may possess, control, store, or transport a deer carcass unless it is tagged as required under this subsection. Except as provided under
sub. (2m), no person may possess, control, store, or transport an elk carcass unless it is tagged as required under this subsection. A person who kills a deer or elk shall register the deer or elk in the manner required by the department. The carcass tag may not be removed before registration. The removal of a carcass tag from a deer or elk before registration renders the deer or elk untagged.
29.347 Note
NOTE: Sub. (2) is shown as affected by two acts of the 2001 legislature and as merged by the revisor under s. 13.93 (2) (c)
29.347(2m)(a)(a) A carcass tag attached under
sub. (2) and a registration tag attached by the department or a car kill tag attached under
sub. (5) may be removed from a gutted carcass at the time of butchering, but the person who killed or obtained the deer or elk shall retain all tags until the meat is consumed.
29.347(2m)(b)
(b) Any person who retains a tag under
par. (a) may give deer or elk meat to another person. The person who receives the gift of deer or elk meat is not required to possess a tag.
29.347(3)
(3) Heads and skins. The head and skin of any deer or elk lawfully killed, when severed from the rest of the carcass, are not subject to this chapter; but no person may have possession or control of the green head or green skin of a deer or elk during the period beginning 30 days after the close of the applicable season and the opening of the succeeding applicable season. Unless authorized by the department, no person may at any time have possession or control of a deer or elk head in the velvet or a deer or elk skin in the red, blue, or spotted coat.
29.347(4)
(4) Antlers removed or broken. Any deer from which the antlers have been removed, broken, shed, or altered so as to make determination of the legality of the deer impossible is an illegal deer if the deer is taken during an open season for hunting only antlered deer or during an open season for hunting only antlerless deer. Any elk from which the antlers have been removed, broken, shed, or altered so as to make determination of the legality of the elk impossible is an illegal elk if the elk is taken during an open season for hunting only antlered elk or during an open season for hunting antlerless elk.
29.347(5)(a)(a) Any person who while operating a motor vehicle on a highway accidentally collides with and kills a deer may take possession of the carcass. If the motor vehicle operator does not want to take the carcass, the carcass may be taken by any other person who is present at the scene of the accident at the time the collision occurs or at any time after the collision occurs.
29.347(5)(b)
(b) No person may take possession of the carcass of a deer killed in the manner specified in
par. (a) and remove the carcass from the scene of the accident unless one of the following apply:
29.347(5)(b)1.
1. The person has the carcass tagged by a law enforcement officer.
29.347(5)(b)2.
2. The person contacts a law enforcement officer and gives his or her name, the location of the carcass and the date and the time, and the law enforcement officer approves the removal and gives the person the instructions and location for having the carcass tagged at a later time.
29.347(5)(c)
(c) The person removing a carcass under the procedure specified in
par. (b) 2. shall have the carcass tagged within 24 hours after receiving the instructions under
par. (b) 2.
29.347(5)(d)
(d) No fee may be charged for a tag issued under this subsection.
29.347 History
History: 1975 c. 97,
199;
1983 a. 546;
1991 a. 269,
316;
1995 a. 79,
126;
1997 a. 248 s.
504; Stats. 1997 s. 29.347;
1999 a. 9;
2001 a. 16,
56,
109; s. 13.93 (2) (c).
29.347 Cross-reference
Cross Reference: See also ss.
NR 10.001 and
19.13, Wis. adm. code.
29.347 Annotation
Only the tag of the person who kills the deer may be attached under sub. (2). State v. Skow,
141 Wis. 2d 49,
413 N.W.2d 650 (Ct. App. 1987).
29.351
29.351
Skins of fur-bearing animals. 29.351(1)
(1) No person may do any of the following:
29.351(1)(a)
(a) Possess or control the skin of any mink, muskrat, fisher, pine marten or otter showing that the animal was shot.
29.351(1)(b)
(b) Possess or control the green skin of any fur-bearing animal, except beaver, from the 5th day after the beginning of the closed season for that animal until the end of that closed season.
29.351(1)(c)
(c) Possess the raw skin of any muskrat, mink, otter, fisher or pine marten at any time unless the person is the holder of a valid scientific collector permit, fur dealer license, trapping license or resident conservation patron license. No license is required for a person breeding, raising and producing domestic fur-bearing animals in captivity, as defined in
s. 29.627, or for a person authorized to take muskrats on a cranberry marsh under a permit issued to the person by the department.
29.351(2m)
(2m) Subsection (1) does not apply to the skins of fur-bearing animals that are subject to regulation under
ch. 169.
29.351 History
History: 1983 a. 27;
1987 a. 27;
1995 a. 27;
1997 a. 248 s.
507; Stats. 1997 s. 29.351;
2001 a. 56.
29.354
29.354
Possession of game birds and animals. 29.354(1)
(1)
Approval necessary. No person may possess or have under his or her control any game bird or game animal or the carcass of any game bird or game animal unless the person has a valid hunting license, sports license, conservation patron license, taxidermist permit, or scientific collector permit.
29.354(2)(a)(a) Except as provided in
par. (b), no person may take, needlessly destroy or possess or have under his or her control the nest or eggs of any wild bird for which a closed season is prescribed under this chapter.
29.354(2)(b)
(b) A person who has a valid scientific collector permit may take or possess or have under his or her control the nest of a wild bird and may destroy the nest if necessary for a scientific purpose.
29.354(3)
(3) Mounted collections. This section does not permit seizure of or prohibit possession or sale of lawfully obtained wild birds and animals which are mounted or in the process of being mounted for a private collection.
29.354(5)
(5) Captive wild animals. This section does not apply to farm-raised deer, farm-raised fish, farm-raised game birds, or wild animals that are subject to regulation under
ch. 169.
29.354 Cross-reference
Cross Reference: See also s.
NR 19.001, Wis. adm. code.
29.357
29.357
Transportation; general provisions. 29.357(1)
(1)
During closed season. Except as otherwise expressly provided in this chapter, no person may transport or cause to be transported, or deliver or receive or offer to deliver or receive for transportation, any game or game fish or carcass at any time other than during the open season for the game or game fish and 3 days thereafter. Whenever any game or game fish or carcass is offered to any person for transportation at any time other than during the open season therefor and 3 days thereafter, the person shall immediately notify the department or its wardens of the offer and by whom made.
29.357(2)
(2) Trunks; valises. No person may carry or control in any trunk, valise, or other package or enclosure, at any time on any common carrier, any game or game fish, or carcass.
29.357(3)
(3) Transportation employees. No employee of any railroad, express or other transportation company, and no steward, porter or other employee of any dining, parlor or sleeping car may have possession or control of, at any time while on duty, any game or game fish, or carcass.
29.357(4)
(4) Labeling game shipments. No person shall transport or cause to be transported, or deliver or receive for transportation, any package or parcel containing any wild animal or carcass, unless the package or parcel is labeled in plain letters on the address side of the package or parcel with the name and address of the consignor, the name and address of the consignee, and the number of pounds of each kind of fish or the number of each variety of other wild animals; or carcasses contained in the package or parcel; and unless the consignor is the owner of the shipment and delivers to the common carrier with the package or parcel, either personally, or by agent, a writing signed by the consignor personally, stating that the consignor is the owner of the shipment.
29.357(5)(a)(a) Subsections (1) to
(4) do not apply to a person who has a valid taxidermist permit and who possesses, transports, causes to be transported, delivers or receives, or offers to deliver or receive, a wild animal carcass in connection with his or her business.
29.357(5)(b)
(b) Subsections (1) to
(4) do not apply to the possession, transportation, delivery or receipt of farm-raised deer, farm-raised fish, farm-raised game birds, or wild animals that are subject to regulation under
ch. 169.
29.361
29.361
Transportation of deer or elk. 29.361(1)
(1) No common carrier may receive for transportation or transport or attempt to transport any deer or elk or the carcass of any deer or elk except as provided in this section.
29.361(2)
(2) Any person may transport a lawfully taken deer or elk if it is properly tagged and registered, except as otherwise provided by rule during the open season for deer or elk and for 3 days thereafter.
29.361(2m)
(2m) Any person may transport an antlerless deer killed under the authority of his or her hunter's choice, bonus, or other deer hunting permit on any highway, as defined
s. 340.01 (22), in order to register the deer in the deer management area where the deer was killed or in an adjoining management area.
29.361(3)
(3) The place of delivery of any shipment authorized under this section by a resident shall be within the state and by a nonresident shall be either within the state or at his or her residence outside the state.
29.361(4)
(4) This section does not apply to a bona fide public zoo.
29.361(5)
(5) This section does not apply to a person who has a valid taxidermist permit and who is transporting, attempting to transport, or receiving the carcass of a deer or elk in connection with his or her business.
29.364
29.364
Transportation of game birds. 29.364(1)
(1)
Transportation. No common carrier may receive for transportation or transport or attempt to transport any game bird or carcass of a game bird except as provided in this section.
29.364(2)
(2) Residents. Any resident who has all of the required hunting approvals may transport in the resident's personal possession the legal daily bag limit or possession limit of any game birds for which an open season has been provided to any point within the state.
29.364(3)
(3) Nonresidents. Any nonresident who has all of the required hunting approvals may transport in the nonresident's personal possession the legal daily bag limit or possession limit of game birds for which an open season has been provided from any point within the state to any point within or without the state.
29.364(4)(a)(a) In this subsection "migratory game bird" means any bird defined as such by the secretary of the interior in the code of federal regulations.
29.364(4)(b)
(b) No person may transport any migratory game bird for which open seasons are prescribed, unless the head or one fully feathered wing remains attached to each bird while being transported from the place where taken to the personal residence of the possessor or to a commercial preservation facility.
29.364(5)
(5) Exemption; taxidermists. Subsections (1) to
(3) do not apply to a person who has a valid taxidermist permit and who is transporting the carcass of a game bird in connection with his or her business.
29.364 History
History: 1975 c. 360;
1985 a. 29;
1991 a. 316;
1997 a. 248 s.
523; Stats. 1997 s. 29.364.
FISHING REGULATION
Subch. V of ch. 29 Cross-reference
Cross Reference: See also ch.
NR 20, Wis. adm. code.
29.401
29.401
Possession of fishing equipment. 29.401(1)(a)(a) No person may possess or control at any time any trammel, gill, or hoop net, or any other kind of net, nets, or fish trap that might take, catch or kill fish in the counties of: Adams, Barron, Burnett, Calumet, Chippewa, Clark, Columbia, Dane, Dodge, Dunn, Eau Claire, Florence, Fond du Lac, Forest, Green, Green Lake, Iowa, Jackson, Jefferson, Juneau, Lafayette, Langlade, Lincoln, Marathon, Marquette, Monroe, Oneida, Outagamie, Polk, Portage, Price, Richland, Rock, Rusk, Sauk, Sawyer, Shawano, Taylor, Vilas, Walworth, Washburn, Washington, Waukesha, Waupaca, Waushara, Winnebago and Wood except minnow nets and minnow traps, whitefish and cisco nets, dip nets, crab traps and turtle traps as provided in this chapter or by department order.
29.401(1)(b)
(b) Nothing in this subsection prohibits the department or its agents from having in possession, using, or causing the use of, any kind of nets as provided under other sections in the statutes, or prohibits the possession or use of nets by contract fishers who are operating under the supervision of the department.
29.401(1)(c)
(c) This subsection does not apply to any net or trap used to take, catch or kill farm-raised fish.
29.401(2m)
(2m) The department may not promulgate or enforce a rule that prohibits persons from possessing barbed hooks while fishing for trout in inland trout waters, as defined in
s. 29.191 (4) (a), during the period beginning on January 1 and ending on the Friday immediately preceding the first Saturday in the following May.
29.401 History
History: 1985 a. 332;
1991 a. 316;
1997 a. 27;
1997 a. 248 ss.
446,
447; Stats. 1997 s. 29.401;
1999 a. 178.
29.404
29.404
Fishing shanties on ice, regulation. 29.404(1)
(1)
Public nuisance; removal. Any building, vehicle, tent, fish shanty or similar shelter that is used or left on the ice in violation of any department order or that has fallen through the ice is a public nuisance. The department shall notify the owner, if known. If after the expiration of 10 days after notice is given the owner does not claim the nuisance, the department may destroy or sell the nuisance in the name of the state.
29.404(2)
(2) Reimbursement for department costs. If the department destroys or sells the building, vehicle, tent, fish shanty or similar shelter that is a public nuisance, the owner shall reimburse the department for all costs associated with the seizure and destruction or sale of the public nuisance. The department shall give the owner written notice containing the amount of costs to be reimbursed and a statement that the owner must reimburse these costs to the department within 20 days after the notice is given.
29.404(3)
(3) Forfeiture. If the owner does not reimburse these costs to the department within 20 days after the notice is given under
sub. (2), the owner shall forfeit not more than $100.
29.404 History
History: 1989 a. 359;
1991 a. 39;
1997 a. 248 ss.
443 to
445; Stats. 1997 s. 29.404.
29.404 Cross-reference
Cross Reference: See also s.
NR 20.11, Wis. adm. code.
29.407
29.407
Transportation of fish. 29.407(1)(a)(a) No person may transport or cause to be transported, or deliver or receive or offer to deliver or receive for transportation, any game fish taken from inland waters unless the person complies with all applicable requirements under
pars. (b) and
(c).
29.407(1)(b)
(b) All fish that are subject to a minimum size limit and are taken by hook and line may be transported with the head or tail, or both, removed and may be filleted before being transported, but only if the dressed or filleted fish continues to meet the minimum size limit. A dressed fish shall remain in one piece with the skin and scales intact. The skin and scales shall remain on a filleted fish.
29.407(1)(c)
(c) A box, package or container of fish transported by common carrier shall contain fish of only one owner.