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(1b)(1b)
In this section, “live well" means a container designed to hold, and capable of holding, live fish on a boat.
29.403(1g)
(1g) 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(1m)
(1m) Any person conducting a bass fishing tournament authorized by the department under this section may allow participants to fish for, and cull, both largemouth and smallmouth bass. Any participant in a bass fishing tournament shall ensure that the boat from which he or she is fishing has a functioning live well. Section
29.055 and any rule promulgated pursuant to sub.
(3) (L), as they relate to bag and possession limits for bass, do not apply to culling that occurs in a bass fishing tournament authorized by the department under this section.
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.
(1g).
29.403(3)
(3) The rules promulgated by the department under sub.
(1g) 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.
(1g), 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 authorized by the department under this section.
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;
2011 a. 24.
29.403 Cross-reference
Cross-reference: See also s.
NR 20.40, Wis. adm. code.
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 or crossbow. 29.405(1)(1)
No person may do any of the following:
29.405(1)(a)
(a) Take rough fish or catfish with a bow and arrow or take rough fish or catfish with a bolt from a crossbow unless the arrow or bolt is equipped with a metal barbed tip and is attached to the bow or crossbow with a tethered line that allows for the retrieval of the arrow or bolt and the fish.
29.405(1)(b)
(b) Release or return any rough fish or catfish taken with a bow and arrow or crossbow, whether dead or alive, to the waters of this state.
29.405(1)(c)
(c) Leave any rough fish or catfish taken with a bow and arrow or crossbow, 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 or catfish with a bow and arrow or crossbow 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 or catfish with a bow and arrow or crossbow on a particular body of water, the department shall allow the taking of rough fish or catfish with a bow and arrow or crossbow on that body of water from sunset to sunrise during that open season.
29.405(4)
(4) If the department establishes an open season for taking rough fish or catfish with a bow and arrow on a particular body of water, the department shall also allow the use of a crossbow to take rough fish or catfish on that body of water under the same conditions that apply to the use of a bow and arrow to take rough fish or catfish on that body of water.
29.405(5)
(5) The department may not promulgate or enforce a rule that prohibits a person from taking rough fish or catfish with a bow and arrow or a crossbow. This subsection does not prohibit the department from promulgating or enforcing a rule that establishes bag or length limits, season dates, zones, or any other limitations applicable to rough fish or catfish if the rule is consistent with the purposes of this chapter.
29.406
29.406
Fishing by hand. The department may not promulgate or enforce a rule that prohibits a person from taking rough fish or catfish by hand. This section does not prohibit the department from promulgating or enforcing a rule that establishes bag or length limits, season dates, zones, or any other limitations applicable to rough fish or catfish if the rule is consistent with the purposes of this chapter.
29.406 History
History: 2017 a. 297.
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.
29.407(3)
(3) Shipments from inland points. Any shipment of game fish of any variety originating at any point in this state other than ports located on outlying waters is subject to this section governing the transportation of game fish taken from inland waters.
29.407(4)
(4) Injurious fish. No live rough fish except goldfish, dace and suckers may be transported into or within the state without a permit from the department, except any person authorized by a state contract to remove rough fish pursuant to s.
29.421 may transport rough fish taken by the person under the authority of the contract.
29.407(5)(a)
(a) This section does not apply to a person who has a valid taxidermist permit and who is transporting fish in connection with the person's business.
29.407(5)(b)
(b) This section does not apply to the transportation, delivery, receipt or shipping of farm-raised fish or fish produced in a municipal fish hatchery.
29.411
29.411
Cooperation during a fish census. A person who is fishing shall cooperate with an employee of the department when the employee is involved in taking a fish census. Section
29.971 does not apply to this section.
29.411 History
History: 1997 a. 248 s.
573.
29.414
29.414
Erection of barriers to exclude rough fish. The department may erect and maintain or authorize erection and maintenance of a screen or similar barrier in any navigable stream for the purpose of preventing rough fish or other undesirable fish from invading any part of the stream, if the screen or barrier does not unreasonably interfere with navigation.
29.414 History
History: 1997 a. 248 s.
571.
29.417
29.417
Permit to take rough fish. 29.417(1)(1)
Permission may be granted to any person by the department upon terms and conditions required by the department to take rough fish in the following bays or harbors in Door County: Sturgeon Bay, Little Sturgeon Bay, Riley's Bay, Egg Harbor, Fish Creek Harbor, Eagle Harbor, Bailey's Harbor, Mud Bay, North Bay, Rowley's Bay, and Washington Harbor, Jackson Harbor and Detroit Harbor in Washington Island.
29.417(2)
(2) A person having a contract to take rough fish under s.
29.421 or this section may be authorized by the department to erect and maintain a temporary pond in any navigable water pending the sale of the fish, provided that the pond does not unreasonably interfere with navigation or other public rights in the water.
29.417(3)
(3) Bays and harbors listed in this section shall have the following description:
29.417(3)(a)
(a) That body of water known as Jackson Harbor lying south and west of a line commencing at the most northerly point in section 27, township 34 north, range 30 east, and running in a straight line northwesterly to the most easterly point in the northeast quarter of section 28, same township and range.
29.417(3)(b)
(b) That body of water known as Bailey's Harbor lying north of a line commencing at the most southerly point in section 21, township 30 north, range 28 east, and running in a straight line westerly to the south line of section 20, same township and range.
29.417(3)(c)
(c) That body of water known as Washington Harbor lying south of a line commencing at the water's edge on the north line of section 26, township 34 north, range 29 east, and running in a straight line easterly to the water's edge on the north line of section 25, same township and range.
