29.733(1)(d)
(d) A permit for the body of water has been issued under
sub. (2).
29.733(2)(a)(a) The department, subject to
s. 29.024 (2g) and
(2r), shall issue a permit under this subsection for a natural body of water specified under
sub. (1) (c) 1. if the department determines that no substantial public interest exists in the body of water and that no public or private rights in the body of water will be damaged.
29.733(2)(b)
(b) Notwithstanding
par. (a), for a freeze-out pond that is licensed as a private fish hatchery, or as part of a private fish hatchery, under s.
29.52, 1995 stats., on January 1, 1998, or for a natural body of water as described under
sub. (1) (c) 2., the department shall issue an initial permit without making the determination under
par. (a).
29.733(2)(c)1.1. The department, subject to
s. 29.024 (2g) and
(2r), shall renew a permit issued under this subsection unless the department determines that there has been a substantial change in circumstances that is related to a determination made under
par. (a) for the natural body of water or that is related to the application of the criteria promulgated under
par. (f) to the body of water.
29.733(2)(c)2.
2. A person may apply for a renewal of a permit issued under this subsection within the 16 months before the permit expires.
29.733(2)(c)3.
3. Except as provided in
subd. 4., the department shall renew the permit, or deny the renewal, within 3 months after the date on which the department receives the application for the renewal.
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;
1999 a. 32.
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 History
History: 1997 a. 237;
1999 a. 32 s.
65; Stats. 1997 s. 29.734.
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.
29.735 Cross-reference
Cross Reference: See also s.
NR 19.05, Wis. adm. code.
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 provide evidence of fish health 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;
2003 a. 136.
29.736 Cross-reference
Cross Reference: See also s.
NR 19.05, Wis. adm. code.
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 employees 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
Food in the wild for game birds. No person may, from the public waters of this state, take, remove, sell, or transport any duck potato, wild celery, or any other plant or plant product except wild rice, that is native to these waters and that is 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;
2001 a. 16,
56.
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
Subch. XI of ch. 29 Cross-reference
Cross Reference: See also s.
NR 19.01, Wis. adm. code.
29.875
29.875
Disposal of escaped deer or elk. 29.875(1g)
(1g) In this section, "deer" means any species of deer.
29.875(1r)
(1r) The department may seize and dispose of or may authorize the disposal of any deer that has escaped from land owned by a person registered under
s. 95.55 or by a person who is subject to
s. 169.04 (5m) if the escaped deer has traveled more than 3 miles from the land or if the licensee or person has not had the deer returned to the land within 24 hours of the discovery of the escape.
29.875(2)
(2) Notwithstanding
sub. (1r), the department may dispose of the deer immediately if the department of agriculture, trade and consumer protection determines that the deer poses a risk to public safety or to the health of other domestic or wild animals.
29.875 History
History: 1991 a. 269;
1995 a. 79;
1997 a. 248 s.
631; Stats. 1997 s. 29.875;
2001 a. 56,
109;
2003 a. 179.
WILDLIFE DAMAGE
Subch. XII of ch. 29 Cross-reference
Cross Reference: See also s.
NR 19.01, Wis. adm. code.
29.885
29.885
Removal of wild animals. 29.885(1)(a)
(a) "Damage" means harm to forest products; streams; roads; dams; buildings; orchards; apiaries; livestock; and commercial agricultural crops, including Christmas trees and nursery stock.
29.885(1)(c)
(c) "Private property holder" means an owner, lessee or occupant of private property.
29.885(1)(d)
(d) "Removal activity" means removing or authorizing the removal of a wild animal that is causing damage or that is causing a nuisance or the removal of a structure of a wild animal that is causing damage or that is causing a nuisance.
29.885(1)(e)
(e) "Remove" means capture, shoot, set a trap for, relocate, or otherwise destroy or dispose of.
29.885(1)(f)
(f) Notwithstanding
s. 29.001 (90), "wild animal" means any undomesticated mammal or bird, but does not include farm-raised deer, farm-raised game birds, or wild animals that are subject to regulation under
ch. 169.
29.885(2)
(2) Department authority. The department may remove or authorize the removal of all of the following:
29.885(2)(a)
(a) A wild animal that is causing damage or that is causing a nuisance.
29.885(2)(b)
(b) A structure of a wild animal that is causing damage or that is causing a nuisance.
29.885(3)(a)(a) Within 48 hours after receipt of a written complaint from a person who owns, leases or occupies property on which a wild animal or a structure of a wild animal is allegedly causing damage, the department shall both investigate the complaint and determine whether or not to authorize removal.
29.885(3)(b)
(b) The department may remove or authorize removal of the wild animal or the structure of the wild animal if it finds that the wild animal or the structure is causing damage on the property.
