29.607 Cross-reference
Cross-reference: See also ss.
NR 19.001 and
NR 19.09, Wis. adm. code.
29.611(1)(a)
(a) "Dealer" means a person who purchases for purposes of resale at least 8 ounces of wild ginseng in a license year.
29.611(1)(am)
(am) "License year" means the period beginning on July 1 of a given year and ending on the following June 30.
29.611(1)(b)
(b) "Wild ginseng" means an unprocessed plant, dry root or live root of the species Panax quinquefolius that is not grown or nurtured by a person.
29.611(2)
(2) Cutting. No person may, between November 1 and the following September 1, cut, root up, gather or destroy wild ginseng.
29.611(3)
(3) Evidence. The purchase or sale of wild green ginseng between November 1 and the following September 1 is prima facie evidence of a violation of this section.
29.611(4)
(4) Purchase with knowledge. No person may purchase wild ginseng if the person knows the ginseng was cut, rooted up or gathered between November 1 and the following September 1. No dealer may purchase wild ginseng if any of the following applies:
29.611(4)(a)
(a) The dealer fails to inspect the vendor's wild ginseng harvest license or wild ginseng dealer license.
29.611(4)(b)
(b) The dealer knows that the vendor has violated this section.
29.611(5)
(5) Evidence. In any prosecution under this section proof that any wild ginseng which was purchased had been illegally obtained by the vendor is prima facie evidence of a violation of this section by the purchaser.
29.611(6)(a)(a)
Requirement. No person may cut, root up, gather or destroy wild ginseng unless the person has a valid wild ginseng harvest license issued by the department. The department shall promulgate rules for issuing wild ginseng harvest licenses. The department may promulgate rules on the quantity of wild ginseng that each person may harvest and restrictions on areas where wild ginseng may be harvested and on the methods which may be used to harvest wild ginseng.
29.611(6)(b)
(b)
Exception. Paragraph (a) does not apply to a person who cuts, roots up, gathers or destroys wild ginseng growing on the person's own land if the ginseng is not sold.
29.611(7)(a)(a)
License required. No resident may act as a dealer in this state unless he or she has one of the following valid wild ginseng dealer licenses issued by the department:
29.611(7)(a)1.
1. A class A resident wild ginseng dealer license authorizes the purchase for purposes of resale of not more than 100 pounds dry weight of wild ginseng in a license year.
29.611(7)(a)2.
2. A class B resident wild ginseng dealer license authorizes the purchase for purposes of resale of not more than 1,000 pounds dry weight of wild ginseng in a license year.
29.611(7)(a)3.
3. A class C resident wild ginseng dealer license authorizes the purchase for purposes of resale of any amount of wild ginseng in a license year.
29.611(7)(b)
(b)
Nonresident wild ginseng dealer license. A person who is not a resident may not act as a dealer in this state unless he or she has a valid nonresident wild ginseng dealer license issued by the department.
29.611(7)(c)
(c)
Rules. The department may establish by rule the procedure for issuing wild ginseng dealer licenses.
29.611(8)
(8) Shipment and certification of origin of wild ginseng. 29.611(8)(a)(a)
Wild ginseng originating in this state. No person may ship out of this state wild ginseng that originates in this state unless the wild ginseng is accompanied by a valid certificate of origin issued under this subsection.
29.611(8)(bn)1.1. No person may ship out of this state to a foreign country wild ginseng that originates in another state unless the wild ginseng is accompanied by a valid certificate of origin issued by that other state. No person may ship out of this state wild ginseng that originates in another state under a certificate of origin issued under this subsection.
29.611(8)(bn)2.
2. No resident may purchase for purposes of resale wild ginseng that originates in another state unless the wild ginseng is accompanied by a valid certificate of origin from the other state.
29.611(8)(bn)3.
3. If a dealer who is a resident receives wild ginseng that originated in another state and if a certificate of origin issued by that state does not accompany the wild ginseng, the dealer shall return the wild ginseng to the sender within 30 days after its receipt.
29.611(8)(c)
(c)
Issuance of certificates. The department shall promulgate a rule establishing the procedure for issuing certificates of origin. The department may issue certificates of origin only to a person who has a valid wild ginseng harvest license or a valid wild ginseng dealer license.
29.611(8)(d)
(d)
Effective period; cancellations; return. Unless canceled, a certificate of origin is valid for the period indicated on the certificate's face. The department may cancel a certificate of origin at any time.
29.611(8)(e)
(e)
Validity. A certificate of origin is valid only if it has not expired or been canceled by the department, is fully completed and contains no false information. A certificate of origin issued under this subsection is valid only for wild ginseng originating in this state.
29.611(8)(f)
(f)
Prohibitions. No person may use an expired or canceled certificate of origin, falsify information on a certificate of origin, maintain false records of certificates of origin or fail to maintain records or comply with rules promulgated by the department concerning certificates of origin.
29.611(9)(a)(a)
Purchases. A dealer shall maintain records of the quantity purchased, the name and wild ginseng license number of the vendor and other information required by the department.
29.611(9)(b)
(b)
Sales and shipments. A dealer shall maintain records required under this section and shall keep records and reports of sales, shipments and transactions as required by the department.
29.611(9)(c)
(c)
Records; retention. A dealer shall retain records required under this section for 3 years after the date of the transaction recorded.
29.611(9)(d)
(d)
Submission of records. A dealer shall submit records required under this section or legible copies of those records to the department within 10 days after the department requests submission of those records by mailing a request to the dealer at the address listed on the wild ginseng dealer license application.
29.611(9)(e)
(e)
Reports. A dealer shall submit reports required by the department under this section upon request.
29.611(9)(f)
(f)
Inspections. Upon request, a dealer shall make all records required under this section and all of the inventory of wild ginseng under the dealer's control available to the department for inspection.
29.611(9)(g)1.1. Notwithstanding
s. 19.21, wild ginseng harvest license and wild ginseng dealer license records, records required under
sub. (7) or this subsection and reports required under this subsection which relate to transactions in ginseng dry root are not public records and shall not be released or used by the department for any purpose except investigation and enforcement of this section.
29.611(9)(g)2.
2. All records and reports which relate to transactions in wild ginseng live root and seed shall be open to public inspection under
subch. II of ch. 19.
29.611(10)(a)(a)
Suspension. The department may suspend the wild ginseng harvest license or the wild ginseng dealer license of a person who violates this section subject to a subsequent right to a hearing before the department. In order to obtain a hearing, a person is required to file a request with the department within 30 days after receipt of the notice of suspension. The filing of a request for a hearing does not stay the suspension pending the hearing.
29.611(10)(b)
(b)
Revocation. The department may revoke the wild ginseng harvest license or the wild ginseng dealer license of a person who violates this section and may refuse to issue any new license under this section for a period of not more than 3 years. The department shall revoke the wild ginseng harvest license or wild ginseng dealer license of a person who violates this section within 3 years after his or her license was revoked or suspended for a previous violation and shall refuse to issue any new license under this section for a period of not less than one year nor more than 3 years.
29.611(11)
(11) Penalty. A person who violates this section shall forfeit not more than $500. A person who violates this section within 3 years after conviction for a previous violation of this section shall forfeit not more than $1,000.
29.611 Cross-reference
Cross-reference: See also ch.
NR 28, Wis. adm. code.
29.614
29.614
Scientific collector permit. 29.614(1)
(1) Application for a scientific collector permit shall be submitted to the department. The department may issue a scientific collector permit if the department determines that the applicant is a natural person and is engaged in a bona fide program leading to increased, useful scientific knowledge.
29.614(2)
(2) A scientific collector permit shall state the name and address of the permittee, the date of issuance, the purposes for which it is issued, the type, species and number of specimens authorized to be collected or salvaged, the area and period of time in which the specimens may be collected or salvaged, the place where the specimens may be kept and other conditions and limitations that the department requires. A scientific collector permit is not transferable.
29.614(3)
(3) A scientific collector permit authorizes the permittee to collect or salvage from the wild, for scientific purposes only, live fish and the nests and carcasses of any wild animals specified in the permit subject to the conditions and limitations specified in the permit and the rules of the department. The permittee may use the specimens for the scientific purposes for which collected or salvaged and may transport them or cause them to be transported by common carrier. Possession of these specimens may not be transferred to any other person, except that these specimens may be exchanged for other specimens for scientific purposes. A scientific collector permit may authorize the use of net guns and tranquilizer guns for activities related to the purposes for which the permit is issued. Any person who is convicted of violating this chapter shall forfeit the person's permit and the permit is thereby revoked, in addition to all other penalties. Any person so convicted is not eligible for a permit under this section for one year following the conviction.
29.614 History
History: 1997 a. 248;
2001 a. 56.
29.614 Cross-reference
Cross-reference: See also s.
NR 19.11, Wis. adm. code.
29.617
29.617
Public hunting and fishing grounds. The department may acquire, lease, develop and maintain public hunting and fishing grounds. The department may agree to adjust and pay damages arising from the operation of public hunting or fishing grounds.
29.617 History
History: 1979 c. 34 s.
730;
1997 a. 248 s.
598; Stats. 1997 s. 29.617.
29.621
29.621
Wildlife refuges. 29.621(1)(1)
Establishment. The owner of contiguous land comprising in the aggregate not less than 160 acres located outside the limits of any city or village may apply to the department for the establishment of the land as a wildlife refuge. If the department determines that the establishment of the land as a wildlife refuge will promote the conservation of species or varieties native to this state, it may by order establish the land as a wildlife refuge.
29.621(2)
(2) Signs. Within 30 days after the date of the order the owner of the land shall post signs or notices as required and furnished by the department, designating the refuge.
29.621(3)
(3) Publication. The order is not effective until at least 30 days after issuance and until the department has caused to be published a class 3 notice, under
ch. 985, in the county containing the land. The land shall remain a wildlife refuge for not less than 5 years.
29.621(4)
(4) Protection. Except as provided in
s. 29.091, no owner of a wildlife refuge, and no other person, may hunt or trap within the boundaries of any wildlife refuge or have in his or her possession or under his or her control in the wildlife refuge a gun, firearm, bow or crossbow, unless the gun or firearm is unloaded, the bow or crossbow is unstrung and the gun, firearm, bow or crossbow is enclosed within a carrying case. Nothing in this section may prohibit, prevent or interfere with the department in the destruction of injurious animals.
29.621(5)
(5) Animals procured by department. The department may place wild animals within any wildlife refuge, for the purpose of propagation.
29.621 History
History: 1971 c. 42;
1989 a. 214;
1997 a. 248 s.
608; Stats. 1997 s. 29.621.
29.621 Cross-reference
Cross-reference: See also s.
NR 10.001, Wis. adm. code.
29.624
29.624
Senior citizen recreation card. 29.624(1)
(1) A senior citizen recreation card entitles the holder to exercise all of the combined rights and privileges conferred by a resident small game hunting license, a wild turkey hunting license, a wild turkey hunting stamp and a resident fishing license, subject to all duties, conditions, limitations and restrictions of the licenses and stamp. A person may operate any motor vehicle, except a motor bus, as defined in
s. 340.01 (31), subject to the admission requirements under
s. 27.01 (7) in any vehicle admission area under
s. 27.01 (7) without having an admission receipt affixed to the vehicle or otherwise displayed and without paying a fee if the vehicle has as an occupant a card holder who can present the card upon demand in the vehicle admission area. The card permits a card holder to enter Heritage Hill state park or a state trail without paying an admission fee.
29.624(2)
(2) Except as provided in this section, possession of a senior citizen recreation card shall not entitle the holder to obtain any other privileges or services for free if the privileges or services may be obtained only through payment of a fee.
29.624(3)
(3) The department shall allocate the proceeds from senior citizen recreation card sales among the various affected programs at its discretion.
29.624(4)
(4) The department may not issue a senior citizen recreation card after December 31, 1991.
29.624 History
History: 1997 a. 248 ss.
189 to
192; Stats. 1997 s. 29.624.
29.627
29.627
Domestic fur-bearing animal farms. The breeding, raising and producing in captivity, and the marketing, by the producer, of foxes, fitch, nutria, marten, fisher, mink, chinchilla, rabbit or caracul, as live animals, or as animal pelts or carcasses shall be considered an agricultural pursuit, and all such animals so raised in captivity shall be considered domestic animals, subject to all the laws of the state with reference to possession, ownership and taxation as are at any time applicable to domestic animals. All persons engaged in the foregoing activities are farmers and engaged in farming for all statutory purposes.
29.627 History
History: 1997 a. 248 s.
630; Stats. 1997 s. 29.873;
2001 a. 56 s.
86; Stats. 2001 s. 29.627.
FISH AND GAME PROPAGATION AND STOCKING
Subch. X of ch. 29 Cross-reference
Cross-reference: See also s.
NR 19.05, Wis. adm. code.
29.701
29.701
Propagation of fish; protected wild animals. 29.701(1)(1) Nothing in this chapter concerning the protection of wild animals applies to any of the following:
29.701(1)(b)
(b) The removal of fish which have died from natural causes or the removal of detrimental or rough fish by or as authorized by the department.
29.701(1)(c)
(c) The propagation or transportation, collecting and transplanting of fish by the department.
29.701(1)(d)
(d) The transportation of fish into or through this state or out of it by the commissioners of fisheries of other states or of the United States.
29.701(1)(e)
(e) The transportation and sale of farm-raised fish.
29.701(2)
(2) The department may not furnish fish from state hatcheries to private ponds, private clubs, corporations or preserves, and may not introduce, stock or plant them in waters where the general public is not allowed the rights and privileges enjoyed by any individual.
29.701(3)
(3) An operator of a fish farm, or an employee of the operator, may capture turtles that are on the fish farm, transport them to different locations and release them into the wild.
29.701 History
History: 1997 a. 27,
237;
1997 a. 248 s.
554; Stats. 1997 s. 29.701.
29.701 Annotation
Under ss. 29.50 [now s. 29.701] and 30.77, the department may refuse to stock waters where public access is inadequate. 68 Atty. Gen. 233.
29.705
29.705
Propagation of fish; removal of fish. 29.705(1)
(1)
Transplantation of fish. The department may take or authorize to be taken fish at any time of the year from any waters of the state for stocking other waters or for the purpose of securing eggs for propagation. These fish or eggs may be taken only under a permit issued by the department and only in the presence of an employee or agent of the department. The permit shall specify the kinds of fish that may be taken and the manner in which they may be taken.
