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.
29.705(2)
(2) Furnishing fish; access to stocked waters. 29.705(2)(a)(a) The department may not furnish fish from state hatcheries to private ponds, private clubs, corporations or preserves.
29.705(2)(b)
(b) The department may not plant fish from state hatcheries in waters where the general public is not allowed the rights and privileges enjoyed by any individual.
29.705(3)
(3) Delivery of fish eggs. Any person fishing in any waters of this state shall deliver, on demand, to the department or its agent any fish for the purpose of being stripped of their eggs and milt. The department or its agent shall, immediately after having stripped the fish, return them to the person from whom received. The department or its agent may enter any boats, docks, grounds or other places where the fish may be, for the purpose of stripping them while alive, and the person possessing the fish shall render any assistance that may be necessary to expedite the work of mixing the eggs and milt for proper impregnation.
29.705(4)
(4) Destruction of fish eggs or fish. 29.705(4)(a)(a) The department may seize or destroy, or both, any fish, or any fish eggs, found to be infected with any disease organisms as are designated by the department.
29.705(4)(b)
(b) Paragraph (a) does not authorize the department of natural resources to remove fish or fish eggs from a self-contained fish rearing facility or from a preexisting fish rearing facility that is an artificial body of water unless the department of agriculture, trade and consumer protection has requested that the department of natural resources remove the fish or fish eggs to address a problem affecting fish health.
29.705(5)
(5) Removal of fish eggs or fish from state. No person may remove any fish eggs or live fish from this state except as authorized by law or pursuant to a permit issued by the department. This subsection does not apply to farm-raised fish or eggs from farm-raised fish.
29.705(6)
(6) Fishing for propagation purposes. For the purposes of catching wild fish from the public waters for purposes of artificial propagation or for introduction, stocking or planting in fish farms, no person may take or have possession or control of any kind of fish unless
par. (a) or
(b) applies:
29.705(6)(a)
(a) The person has the approvals required under this chapter to take, possess or control that kind of fish.
29.705(6)(b)
(b) The person has been otherwise authorized by the department to take, possess or control that kind of fish.
29.705 History
History: 1997 a. 248 ss.
557,
563 to
570,
700.
29.709
29.709
State fish hatcheries. The department may operate state fish hatcheries and may do all of the following:
29.709(1)
(1) Breed and propagate fish of such species and varieties as it determines to be of value.
29.709(2)
(2) Distribute information regarding the propagation and conservation of fish.
29.709(3)
(3) Manage the state fish hatcheries and all other property held by the state for the propagation of fish.
29.709(4)
(4) Subject to
s. 95.60, receive from any person all fish eggs or fish donated to the state or purchased, and procure, receive, exchange, distribute and dispose of fish eggs and fish.
29.709 History
History: 1997 a. 248 ss.
558,
559,
561.
29.713
29.713
Trespass to state fish hatchery. Whoever does any of the following without proper authority shall be subject to the penalties under
s. 29.971 (1):
29.713(1)
(1) Enters upon the grounds of a state fish hatchery for the purpose of killing or taking fish.
29.713(2)
(2) Kills or takes fish from any waters or grounds of a state fish hatchery.
29.713(3)
(3) Injures any fish, or interferes harmfully with the ponds, streams, troughs or other property of a state fish hatchery.
29.713 History
History: 1975 c. 365;
1985 a. 29;
1997 a. 248 s.
580; Stats. 1997 s. 29.713.
29.717
29.717
Trespass on riparian land. In an action against a person for damages sustained from trespassing on lands bordering streams stocked by the consent of the owner of the lands, with fish received from a state hatchery, where the damage exceeds $2, the trespasser is liable for double the amount of the damage and all of the taxable costs; and where the damage is $2 or less the trespasser shall be liable for the amount of the damage and costs not to exceed the amount of the damage.
29.717 History
History: 1997 a. 248 s.
682; Stats. 1997 s. 29.717.
29.733
29.733
Natural waters used in fish farms. 29.733(1)
(1) No person may use a natural body of water as a fish farm or as part of a fish farm unless all of the following apply:
29.733(1)(a)
(a) The land that is riparian to the body of water is owned, leased or controlled by the owners of the fish farm.
29.733(1)(b)
(b) None of the owners of the fish farm or of the riparian land provides 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, except that the owners of the fish farm may allow fishing by the public for a fee.
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.
