29.038(1)(b)
(b) "Political subdivision" means a city, village, town or county.
29.038(2)
(2) No local governmental unit may enact any ordinance or adopt any regulation, resolution or other restriction for the purpose of regulating the hunting, fishing, trapping or management of wild animals, except as follows:
29.038(2)(a)
(a) A local governmental unit may enact an ordinance or adopt any regulation, resolution or other restriction that is authorized under this chapter.
29.038(2)(b)
(b) A local governmental unit may enact an ordinance or adopt any regulation, resolution or other restriction that restricts or prohibits access for hunting, fishing or trapping in any portion of land that it owns or leases.
29.038(3)
(3) A local governmental unit may enact an ordinance or adopt a regulation, resolution or other restriction that has an incidental effect on hunting, fishing or trapping, but only if the primary purpose is to further public health or safety.
29.038(4)
(4) If the department determines that an ordinance, regulation, resolution or other restriction enacted or adopted by a local governmental unit exceeds the authority granted to local governmental units in this section, the department may issue a notice to the local governmental unit of the department's intent to issue an order under this subsection. The department shall hold an informal hearing on the matter if a hearing is requested by the local governmental unit within 30 days after it receives the notice. The informal hearing is not a contested case under
ch. 227. Following the hearing or following the failure of the local governmental unit to request a hearing within 30 days after it receives the notice, the department may issue an order declaring the ordinance, regulation, resolution or other restriction void.
29.038 History
History: 1997 a. 170;
1999 a. 32 s.
42; Stats. 1997 s. 29.038;
2001 a. 16;
2003 a. 33.
29.038 Cross-reference
Cross-reference: See also s.
NR 19.40, Wis. adm. code.
29.039
29.039
Nongame species. 29.039(1)(1) The department may conduct investigations of nongame species to develop scientific information relating to population, distribution, habitat needs, and other biological data to determine necessary conservation measures. The department may develop conservation programs to ensure the perpetuation of nongame species. The department may require harvest information and may establish limitations relating to taking, possession, transportation, processing and sale or offer for sale, of nongame species.
29.039(2)
(2) Any rules promulgated or programs developed under this section may not impede, hinder or prohibit the utilization of lands for the construction, operation or maintenance of utility facilities otherwise authorized or permitted.
29.039 History
History: 1977 c. 370;
1979 c. 154;
1985 a. 332 s.
251 (1);
1997 a. 248 s.
405; Stats. 1997 s. 29.039.
29.039 Annotation
"Taking," as used in this section, includes those activities delineated under the definition of "hunting" in s. 29.001 (42), such as killing, shooting, shooting at, trapping, and pursuing. Wisconsin Citizens Concerned for Cranes and Doves v. DNR,
2004 WI 40,
270 Wis. 2d 318,
677 N.W.2d 612,
02-1166.
29.041
29.041
Department to regulate hunting and fishing in interstate waters. The department may regulate hunting and fishing on and in all interstate boundary waters, and outlying waters.
29.041 History
History: 1983 a. 27 s.
2202 (38);
1997 a. 248 s.
118; Stats. 1997 s. 29.041.
29.041 Cross-reference
Cross-reference: See also chs.
NR 20,
24, and
25 and s.
NR 26.32, Wis. adm. code.
29.042
29.042
Agreements to retire licenses. 29.042(1)
(1) Beginning on January 1, 1998, the department may not enter into any agreement to make payments to persons holding approvals issued under
s. 29.501,
29.503,
29.506,
29.509,
29.512,
29.514,
29.519,
29.523,
29.526,
29.529,
29.531,
29.533,
29.537,
29.607,
29.611, or
29.614 in exchange for the retirement of the approval or for the temporary or permanent cessation of any activity authorized under the approval.
29.042(2)
(2) Notwithstanding
sub. (1), an agreement entered into by the department before October 14, 1997, to make payments to persons holding commercial fishing licenses in exchange for the retirement of the licenses or for the permanent or temporary cessation of commercial fishing shall remain valid except that no moneys may be expended from the conservation fund to make payments under the agreement.
29.042 History
History: 1997 a. 27;
1997 a. 248 ss.
119,
120; Stats. 1997 s. 29.042;
2001 a. 56.
29.043
29.043
Interstate comity. 29.043(1)(1) Whenever any other state confers upon the officers of this state reciprocal powers, any officer of the other state, who is authorized to enforce the laws of that state relating to the protection of wild animals, is designated an agent of that state within this state. The officer may follow any wild animal or carcass unlawfully shipped or taken from the officer's state into this state, and seize and convey it back to the officer's state. The laws of the state concerning the wild animal or carcass from which the wild animal or carcass was brought into this state are adopted as the laws of this state. Transportation companies shall deliver to the officer, upon submission of proper proof of the officer's official capacity, any wild animal or carcass that is seized by the officer. The officer may dispose of a wild animal or carcass within this state, in accordance with the laws of the officer's state, under the supervision of the department. Expenses for the department's assistance shall be a lien upon the wild animal or carcass, or proceeds of the sale.
29.043(2)
(2) Except as provided in
sub. (1), the department may seize, hold and dispose, according to the laws of this state, of any wild animal or carcass brought or shipped into or through this state, or attempted to be carried through this state, in violation of the laws of any other state.
29.043(3)
(3) The officers of every other state charged with enforcing the laws of another state relating to wild animals are designated agents of this state for the taking possession, seizing, holding and disposing, within the other state, of any wild animal or carcass protected by the laws of this state.
29.043(4)
(4) If any other state confers upon the officers of this state reciprocal powers, the department may appoint persons who are charged with enforcing the laws of the other state relating to wild animals to act as wardens of this state, but without compensation from this state.
29.043 History
History: 1971 c. 164;
1991 a. 316;
1997 a. 248 s.
117; Stats. 1997 s. 29.043.
29.045
29.045
Interstate license privileges. 29.045(1)
(1)
Fishing privileges. If the state of Michigan, Minnesota or Iowa confers upon the fishing licensees of this state reciprocal rights, privileges and immunities, a fishing license issued by the other state entitles the licensee to the rights, privileges and immunities, in and upon the boundary waters between the states, of the holder of an equivalent license issued by this state, but subject to the duties, responsibilities and liabilities imposed on its own licensees by this state.
29.045(2)
(2) Commercial clamming privileges. If the state of Michigan, Minnesota or Iowa confers upon the commercial clamming licensees of this state reciprocal rights, privileges and immunities, any commercial clamming license issued by the other state entitles the licensee to the rights, privileges and immunities, in and upon the boundary waters between Michigan, Minnesota and Iowa and this state, of the holder of an equivalent license issued by this state, but subject to the duties, responsibilities and liabilities imposed on licensees by this state.
29.045 History
History: 1985 a. 289;
1997 a. 248 s.
377; Stats. 1997 s. 29.045.
29.045 Cross-reference
Cross-reference: See also chs.
NR 21,
22, and
23 and ss.
NR 20.38 and
24.05, Wis. adm. code.
29.047
29.047
Interstate transportation of game. 29.047(1)(a)1.
1. "Transport" includes to cause to be transported, to deliver or offer to deliver for transportation and to receive or offer to receive for transportation.
29.047(1)(a)2.
2. "Game" means any wild animal, wild bird or game fish.
29.047(1)(b)
(b) No person in this state may transport into or through this state any game, or its carcass, from any other state in violation of any law of the other state.
29.047(1)(c)
(c) No person in this state may transport, possess or control in this state any game, or its carcass, that was taken in another state in violation of any restriction on open and closed seasons established under this chapter or of any bag, possession or size limit established under this chapter unless all of the following apply:
29.047(1)(c)1.
1. The game was lawfully taken in and lawfully transported from the other state.
29.047(1)(c)2.
2. The person holds a license issued by the other state that authorized the person to transport, possess or control the game or its carcass.
29.047(1)(c)3.
3. If the game is a cervid the person transports, possesses, delivers, receives, or controls the carcass of the cervid in compliance with rules promulgated by the department.
29.047(1m)
(1m) Unless prohibited by the laws of an adjoining state or a rule promulgated by the department under
s. 29.063 (3) or
(4), any person who has lawfully killed a cervid in this state may take the cervid or its carcass into the adjoining state and ship the cervid or carcass from any point in the adjoining state to any point in this state.
29.047(2)
(2) Subsection (1) does not apply to any of the following:
29.047(2)(a)
(a) A person who has a valid taxidermist permit and who, in compliance with rules promulgated by the department under
s. 29.063 (3) or
(4), possesses, transports, causes to be transported, delivers or receives, or offers to deliver or receive, a wild animal carcass in connection with his or her business.
29.047(2)(b)
(b) The possession, transportation, delivery or receipt of farm-raised deer, farm-raised game birds, farm-raised fish, or wild animals that are subject to regulation under
ch. 169.
29.053
29.053
Specific open and closed seasons. 29.053(1)
(1) All fishing seasons on inland waters shall open on a Saturday.
29.053(2)
(2) The department may exercise its authority under
s. 29.014 with reference to the state as a whole, or for any specified county or part of a county, or for any lake or stream or part of a lake or stream.
29.053(2)(a)
(a) The department may establish a fishing season on specified bodies of water in certain urban areas, as determined by rule by the department, that allows fishing only by persons who are under 16 years old or who are disabled and can produce the evidence specified in
s. 29.193 (3) (a),
(b) or
(c), subject to all of the following conditions:
29.053(2)(a)1.
1. The department may not designate a body of water under this subsection that is 25 acres or greater in area.
29.053(2)(a)2.
2. The department may not designate a body of water under this subsection without the written agreement of each private owner of shoreline and of each city, village, town, county, federal agency or other state agency that owns shoreline.
29.053(2)(a)3.
3. The department shall post notice of the restricted fishing season at each designated body of water.
29.053(2)(b)
(b) Section 227.16 (2) (e) does not apply to a rule promulgated under this subsection and, when the department proposes to add a body of water to or delete a body of water from a rule under this subsection, the department shall hold a hearing, as required under
s. 227.16 (1), either in the county in which the body of water is located or within 50 miles of the body of water.
29.053(3)
(3) The department may modify any requirement of this chapter or rules promulgated under it, establish special seasons, authorize the use of special equipment or take any other action in order to provide additional hunting and fishing opportunities for persons who are physically disabled or visually handicapped. The department may limit the number of persons involved, except that if the department establishes a special season for hunting deer with firearms for persons who are physically disabled, the season shall be open to persons who have been issued a Class D permit under
s. 29.193 (2).
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.
