29.053 History
History: 1997 a. 248 ss.
112,
384,
388 to
392;
1999 a. 32.
29.055
29.055
Wild animals; possession in closed season or in excess of bag limit. Except as expressly provided in this chapter, no person may have in the person's possession or under the person's control, or have in storage, any wild animal or carcass that was taken during the closed season for that wild animal or that is in excess of the bag or possession limit or contrary to the size limits for that wild animal. The open and closed seasons and the bag, possession and size limits of the state, province or country in which a wild animal was taken shall apply to the wild animal or the carcass if it was lawfully killed outside of this state. 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.
29.055 History
History: 1975 c. 360,
421;
1993 a. 410;
1997 a. 248 s.
502; Stats. 1997 s. 29.055;
2001 a. 56.
29.057
29.057
Wild animals; possession in open season. It is unlawful to possess or control at any time a protected wild animal or the carcass of any protected wild animal showing that it was taken during the closed season for the protected wild animal. 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.
29.057 History
History: 1997 a. 248 s.
503; Stats. 1997 s. 29.057;
2001 a. 56.
29.059
29.059
Reports of hunters. Each person to whom a hunting or trapping license has been issued shall, upon request by the department, report to the department, on forms furnished by it, the number of the person's license, the number and kind of each animal taken by the licensee and other information that the department requires.
29.059 History
History: 1991 a. 316;
1997 a. 248 s.
282; Stats. 1997 s. 29.059.
29.063
29.063
Management of chronic wasting disease. 29.063(1)(1) The department may manage, and provide funding to conduct testing for, chronic wasting disease in cervids.
29.063(2)
(2) If the department designates an area as a chronic wasting disease eradication zone, the department shall provide notice and information to the public that is adequate to inform the public prior to the commencement of hunting that hunting of cervids to control the spread of the disease will occur in that zone.
29.063(3)
(3) To control chronic wasting disease, the department may promulgate rules regulating the transportation, possession, control, storage, or disposal of the carcass of a cervid in this state, except that the rules may not apply to any of the following:
29.063(3)(a)
(a) Meat that is cut and wrapped, either commercially or privately.
29.063(3)(b)
(b) Quarters or other portions of meat to which no part of the spinal column or head is attached.
29.063(3)(g)
(g) Skulls with antlers attached and with no meat or tissue attached.
29.063(4)
(4) The department may promulgate rules prohibiting the transportation of the carcass of a cervid from another state or country in which chronic wasting disease has been confirmed in a cervid, except that the rules may not apply to any of the following:
29.063(4)(a)
(a) Meat that is cut and wrapped, either commercially or privately.
29.063(4)(b)
(b) Quarters or other portions of meat to which no part of the spinal column or head is attached.
29.063(4)(g)
(g) Skulls with antlers attached and with no meat or tissue attached.
29.063(5)
(5) The department may exempt deer hunters from obtaining a license under this chapter for the hunting of deer in an area that the department has designated by rule as a chronic wasting disease control zone. Deer hunters that are exempted under this subsection shall be at least 10 years of age, except that a person born on or after January 1, 1973, may not hunt deer under this subsection unless he or she complies with
ss. 29.304 and
29.593. A deer hunter exempted under this subsection who is under 12 years of age is subject to the restrictions specified under
s. 29.592. The department shall by rule establish eligibility criteria and application procedures for receipt of an exemption under this subsection, including a method for obtaining a permit to hunt deer without a license under this subsection.
29.063(6)(a)2.
2. "Meat processing facility" means a plant or premises where animals are slaughtered for human consumption, or where meat or meat products are processed, but does not include rendering plants.
29.063(6)(a)3.
3. "Wastewater treatment facility" means a plant or premises used to treat industrial wastewater or domestic wastewater or any combination of industrial wastewater and domestic wastewater and permitted pursuant to
ch. 283.
29.063(6)(b)
(b) Subject to
par. (c), the department or the department of agriculture, trade and consumer protection may enter into agreements with persons who own or operate landfills, meat processing facilities, or wastewater treatment facilities in which this state agrees to indemnify those persons and their employees, officers, and agents against liability for damage to persons, property, or the environment resulting from the processing or disposal of carcasses of cervids and farm-raised deer that have chronic wasting disease.
29.063(6)(c)
(c) The department or the department of agriculture, trade and consumer protection may enter into an agreement under
par. (b) only if all of the following apply:
29.063(6)(c)2.
2. The agreement specifies a method for determining whether the landfill, meat processing facility, or wastewater treatment facility is liable for damage described in
par. (b).
29.063(6)(c)3.
3. The agreement requires the landfill, meat processing facility, or wastewater treatment facility to notify the department that entered into the agreement and the attorney general when a claim or lawsuit to which the agreement may apply is filed.
29.063(6)(c)4.
4. The agreement authorizes the attorney general to intervene on behalf of the landfill, meat processing facility, or wastewater treatment facility and this state in any lawsuit to which the agreement may apply.
29.063(6)(c)5.
5. The agreement requires the owner or operator of the landfill, meat processing facility, or wastewater treatment facility to minimize risks related to processing or disposal of carcasses of cervids and farm-raised deer that have chronic wasting disease.
29.063(6)(c)6.
6. The agreement authorizes the department that entered into the agreement to require the owner or operator of the landfill, meat processing facility, or wastewater treatment facility to operate in a manner specified in writing by that department to minimize risks related to processing or disposal of carcasses of cervids and farm-raised deer that have chronic wasting disease.
29.063(6)(d)
(d) This subsection and any agreement entered into under
par. (b) may not be construed as consent to sue this state.
29.063(6)(e)
(e) If a claim is filed under an agreement under
par. (b), the department that entered into the agreement shall review the claim to determine whether it is valid. A valid claim shall be paid from the appropriation under
s. 20.370 (1) (hc).
29.071
29.071
Wildlife on Indian reservations protected. No person may remove or take from any Indian reservation the carcass of any protected wild animal during the closed season for the wild animal except as authorized by the department under this chapter or
ch. 169.
29.071 History
History: 1997 a. 248 s.
538; Stats. 1997 s. 29.071;
2001 a. 56.
29.071 Cross-reference
Cross-reference: See also s.
NR 19.12, Wis. adm. code.
29.075
29.075
Hunting, trapping and fishing by American Indians. American Indians hunting, trapping or fishing off Indian reservation lands are subject to this chapter.
29.075 History
History: 1983 a. 27;
1997 a. 248 s.
92; Stats. 1997 s. 29.075.
29.079
29.079
Deer hunting by practitioners of Ho-Chunk religion. 29.079(1)(1) Persons who are enrolled members of the Ho-Chunk nation and residents and who practice the traditional religion of the Ho-Chunk people may hunt deer during daylight hours for the members' use in religious ceremonies without obtaining licenses under this chapter. Each hunting party shall be designated by the respective clan. Each clan leader shall obtain permission for deer hunting under this section from the department not less than 24 hours prior to each hunt.
29.079(2)
(2) The department shall promulgate rules necessary to control the conditions and location under which hunting under this section may take place. The department may deny permission for hunting under this section when it determines that a denial is necessary to effectively manage the deer population. The number of deer taken under
sub. (1) during any calendar year shall be established by the department, by rule, when necessary to effectively manage the deer population. Hunting privileges under this section may not be exercised during the regular open season for deer.
29.079(3)
(3) Nothing in this section may be construed to eliminate any requirement that a landowner's permission must be obtained prior to hunting on his or her land.
29.079 History
History: 1977 c. 242;
1997 a. 248 s.
240; Stats. 1997 s. 29.079.
29.083
29.083
Interference with hunting, fishing or trapping. 29.083(1)(1)
Definition. In this section, "activity associated with lawful hunting, fishing or trapping" means travel, camping or other acts that are preparatory to lawful hunting, fishing or trapping and that are done by a hunter, fisher or trapper or by a member of a hunting, fishing or trapping party.
29.083(2)(a)(a) No person may interfere or attempt to interfere with lawful hunting, fishing or trapping with the intent to prevent the taking of a wild animal by doing any of the following:
29.083(2)(a)1.
1. Harassing a wild animal or by engaging in an activity that tends to harass wild animals.
29.083(2)(a)2.
2. Impeding or obstructing a person who is engaged in lawful hunting, fishing or trapping.
29.083(2)(a)3.
3. Impeding or obstructing a person who is engaged in an activity associated with lawful hunting, fishing or trapping.
29.083(2)(a)4.
4. Disturbing the personal property of a person engaged in lawful hunting, fishing or trapping.
29.083(2)(b)
(b) No person may knowingly fail to obey the order of a warden or other law enforcement officer to desist from conduct in violation of
par. (a) if the order is based on any of the following:
29.083(2)(b)1.
1. The warden or other law enforcement officer personally observed such conduct by the person.
29.083(2)(b)2.
2. The warden or other law enforcement officer has reasonable grounds to believe that the person has engaged in such conduct that day or that the person intends to engage in such conduct that day.
29.083(3)
(3) Exemptions. This section does not apply to actions under
sub. (2) (a) 1. to
5. performed by wardens and other law enforcement officers if the actions are authorized by law and are necessary for the performance of their official duties.
29.083(3m)
(3m) Affirmative defense. It is an affirmative defense to the prosecution for violation of this section if the defendant's conduct is protected by his or her right to freedom of speech under the constitution of this state or of the United States.
29.083(4)(a)(a) A person who is adversely affected by, or who reasonably may be expected to be adversely affected by, conduct that is in violation of
sub. (2) (a) may bring an action in circuit court for an injunction or damages or both.
29.083(4)(b)
(b) The circuit court may enter an injunction under
ch. 813 against conduct in violation of
sub. (2) (a) if the court determines any of the following:
29.083(4)(b)2.
2. The defendant has engaged in the conduct in the past and that it is reasonable to expect that the defendant will engage in the conduct that will adversely affect the plaintiff in the future.
29.083(4)(c)
(c) The circuit court may award damages to the plaintiff if the defendant's conduct in violation of
sub. (2) (a) has adversely affected the plaintiff. The damages awarded may include punitive damages and any special damages. Special damages may include approval fees, travel costs, camping fees, costs for guides, and costs for equipment or supplies to the extent that the plaintiff did not receive the full value of any of these expenditures due to the unlawful conduct of the defendant.
29.083 History
History: 1989 a. 190;
1997 a. 248 s.
415; Stats. 1997 s. 29.083.
29.083 Annotation
The application of this section is limited to physical interference and does not violate the freedom of speech. State v. Bagley,
164 Wis. 2d 255,
474 N.W.2d 761 (Ct. App. 1991).
29.088
29.088
Use of poison and explosives; pole traps. 29.088(1)(1) Except as provided by
s. 29.601 (4), it is unlawful to use baits containing poison of any description in any forests, fields or other places where it might destroy or cause the destruction of wild animals or birds, and the possession of any poison or poison baits in a hunting or trapping camp or on any person while hunting or trapping shall be prima facie evidence of a violation.
29.088(2)
(2) Except as provided in
sub. (3), no person may take, capture or kill or attempt to take, capture or kill any wild animal with the aid of any explosive or poison gas, or set any explosive near or on any beaver or muskrat houses. Possession or control of an explosive or a poison gas in places described in
sub. (1) is prima facie evidence of intent to violate this subsection. Any person who violates this subsection shall be fined not more than $300 or imprisoned for not more than 30 days or both.
29.088(2g)(a)(a) Subsections (1) and
(2) do not apply to toxicants placed in the waters of a self-contained fish rearing facility or a state or municipal fish hatchery if the toxicants are necessary to the operation of the fish farm or fish hatchery.
29.088(2g)(b)
(b) Subsections (1) and
(2) do not apply to toxicants placed in the waters of a preexisting fish rearing facility that is an artificial body of water if the toxicants are necessary to the operation of the fish farm and the department has issued a permit under
s. 283.31 for the preexisting fish rearing facility.
29.088(2m)
(2m) It is unlawful to take, capture or kill or attempt to take, capture or kill any bird by setting or operating any trap or device designed, built or used to capture birds on a pole, post, tree stump or any other elevated perch more than 3 feet above the ground.
29.088(3)
(3) Nothing in this chapter prevents the department or a person authorized under
s. 29.885 from using an explosive or having an explosive near a beaver house or a beaver dam for the purpose of removing a beaver dam or a vacated beaver house when the beavers are causing damage to property.
29.088 Cross-reference
Cross-reference: See also s.
NR 19.01, Wis. adm. code.
29.089
29.089
Hunting on land in state parks and state fish hatcheries.
