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. 29.2285 (1) (a), during the period beginning on January 1 and ending on the Friday immediately preceding the first Saturday in the following May.
29.403
29.403
Fishing tournaments. 29.403(1)
(1) The department shall promulgate rules to establish a program to authorize and regulate fishing tournaments. The rules shall establish the scope and applicability of the program.
29.403(2)
(2) The department may require a permit under the program to conduct a fishing tournament and may impose terms and conditions that apply to a specific permit. The department may issue a specific permit under terms and conditions that vary from the requirements of the rules promulgated by the department under
sub. (1).
29.403(3)
(3) The rules promulgated by the department under
sub. (1) may include any of the following:
29.403(3)(a)
(a) Rules governing the circumstances under which a waiver for a permit may be granted under
s. 29.197.
29.403(3)(b)
(b) Rules establishing training or educational requirements for persons who seek a permit under
sub. (2).
29.403(3)(c)
(c) Rules for controlling crowding, preventing unsafe conditions, or preventing conflicts among the users of the body of water on which fishing tournaments are held or at facilities for public access to those bodies of water, including boat ramps and parking lots.
29.403(3)(d)
(d) Rules relating to the prevention of the waste of a natural resource.
29.403(3)(e)
(e) Rules relating to the protection of the bodies of water of this state, fish, and other aquatic resources in those bodies of water.
29.403(3)(f)
(f) Rules specifying the number of fishing tournaments that may be held on a body of water.
29.403(3)(g)
(g) Rules governing the frequency with which fishing tournaments may be held and the dates on which they may be held.
29.403(3)(h)
(h) Rules specifying the number of days over which fishing tournaments, or practices for fishing tournaments, may be held.
29.403(3)(i)
(i) Rules governing the hours during which fishing tournaments may be held.
29.403(3)(j)
(j) Rules specifying the location of the bodies of water on which fishing tournaments may be held.
29.403(3)(k)
(k) Rules specifying the species of fish that may be targeted by fishing tournaments.
29.403(3)(L)
(L) Rules specifying bag and size limits for fish that are caught at fishing tournaments.
29.403(3)(m)
(m) Rules governing the time of year when fishing tournaments may be held.
29.403(3)(n)
(n) Rules specifying the qualities that the bodies of water on which fishing tournaments may be held must have.
29.403(3)(o)
(o) Rules governing the reporting of the results of fishing tournaments.
29.403(3)(p)
(p) Rules specifying fees for fishing tournament permits and for training or educational programs, including rules specifying reduced fees in appropriate circumstances.
29.403(4)
(4) Notwithstanding
subs. (2) and
(3), the department may not, under the program established under
sub. (1), allow a participant in a fishing tournament to engage in any activity in which the department would not allow an angler who is not a participant to engage at the same time on the same body of water. This subsection does not apply to participants in a bass fishing tournament for which a permit has been issued under
s. 29.4035.
29.403(5)(a)(a) The department shall deny an application for a fishing tournament permit or suspend or revoke a fishing tournament permit if the permit applicant or holder does any of the following:
29.403(5)(a)1.
1. Makes a material misrepresentation on a permit application.
29.403(5)(a)2.
2. Violates this section, a rule promulgated under this section, or a term or condition of a permit.
29.403(5)(a)3.
3. Violates this chapter as it relates to fishing in connection with a fishing tournament.
29.403(5)(b)
(b) If the department denies a person's application for a fishing tournament permit or if the permit is revoked under
par. (a), the department may not issue a fishing tournament permit to that person for a period of 2 years after the denial or revocation.
29.403(6)
(6) Any person who participates in a fishing tournament shall comply with the terms and conditions imposed by any permit issued for that fishing tournament under
sub. (2).
29.403(7)
(7) This section does not apply to any fishing tournament that is conducted on a body of water where persons who are normally required to have fishing approvals are exempt from having such approvals.
29.403 History
History: 2003 a. 249.
29.403 Cross-reference
Cross-reference: See also s.
NR 20.40, Wis. adm. code.
29.4035
29.4035
Bass fishing tournament pilot program. 29.4035(1)
(1) In this section, "live well" means a container that is used to hold live fish and that meets standards established by the department by rule.
29.4035(2)
(2) The department shall establish a bass fishing tournament pilot program under which the department shall issue 4 permits per year. The department shall issue at least one permit per year under this section for a bass fishing tournament that authorizes participants to fish for, and cull, both largemouth and smallmouth bass. The remaining permits issued under this section shall authorize participants to fish for both largemouth bass and smallmouth bass, but to cull only largemouth bass. The department shall confer with the advisory board appointed under
2003 Wisconsin Act 249, section 6, to determine who shall be issued a permit under this section.
29.4035(3)
(3) Notwithstanding
s. 29.055, a permit issued under this section authorizes a person to conduct a bass fishing tournament in which participants may take bass in excess of the daily bag limit if all of the following apply:
29.4035(3)(a)
(a) Each boat in the tournament is equipped with a live well.
29.4035(3)(b)
(b) A participant either immediately releases the bass into the water from which it was taken or holds the bass in a live well.
29.4035(3)(c)
(c) The bass held in a live well by a participant at any one time does not exceed the daily bag limit.
29.4035(3)(d)
(d) Each bass when released by a participant into the water from which it was taken is able to swim away in a healthy condition.
29.4035(4)
(4) The department, in cooperation with the Wisconsin Bass Federation, shall conduct research and collect data for the purpose of evaluating the pilot program under this section. The department shall report its findings to the appropriate standing committees of the legislature under
s. 13.172 (3) on or before December 31, 2006.
29.4035(5)
(5) This section does not apply after December 31, 2006.
29.4035 History
History: 2003 a. 249.
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.
29.405
29.405
Fishing with bow and arrow. 29.405(1)
(1) No person may do any of the following:
29.405(1)(a)
(a) Take rough fish with a bow and arrow unless the arrow is equipped with a metal barbed tip that is attached to the bow with a tethered line that allows for the retrieval of the arrow and the fish.
29.405(1)(b)
(b) Release or return any rough fish taken with a bow and arrow, whether dead or alive, to the waters of this state.
29.405(1)(c)
(c) Leave any rough fish taken with a bow and arrow, whether dead or alive, on the ice or banks of any waters of this state.
29.405(2)
(2) Any person who takes rough fish with a bow and arrow in any waters of this state shall remove the fish from those waters and use or dispose of the fish in an appropriate manner as determined by the department.
29.405(3)
(3) If the department establishes an open season for taking rough fish with a bow and arrow on a particular body of water, the department shall allow the taking of rough fish with a bow and arrow on that body of water from sunset to sunrise during that open season.
29.405 History
History: 2005 a. 291;
2007 a. 97.
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.
29.407(2)(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 outlying waters unless the person complies with all applicable requirements under
pars. (b) and
(d).
29.407(2)(b)1.1. In this paragraph, "fresh fish" means any fish that has not been frozen or smoked.
29.407(2)(b)2.
2. No fresh fish of any variety except lawfully taken suckers may be shipped from any port located on outlying waters during the closed season for the fish, except the first 3 days of the closed season.
29.407(2)(d)
(d) All fish which 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.
