Chapter 29

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.

29.405 History History: 2005 a. 291; 2007 a. 97; 2011 a. 180; 2017 a. 297.

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) (1) From inland waters.

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)

29.407(1)(b)1. 1. All fish that are subject to a size limit and are taken by hook and line may be transported if one of the following applies:

29.407(1)(b)1.a. a. The fish is a whole, dressed, or filleted fish with the head and tail attached.

29.407(1)(b)1.b. b. The fish is a dressed or filleted fish with the head or tail or both removed or is in the form of fillets and the person transporting the fish provides upon request a photograph described under subd. 2. that shows the fish before the head or tail or both were removed alongside a ruler or other method acceptable to the department for proving the length of the fish.

29.407(1)(b)2. 2. A photograph under subd. 1. b. shall be either a physical photograph that bears a stamp of the time and date on which the photograph was taken or a digital photograph displayed on a cellular telephone or other electronic device with metadata that indicates the time and date the image was captured. If a digital photograph is displayed on a cellular telephone or other electronic device, the conservation warden may not view, and displaying a digital photograph does not constitute consent for the conservation warden to view, any content on the telephone or other device except for the photograph and metadata required under this subdivision.

29.407(1)(b)3. 3. For any fish transported under subd. 1., a dressed fish shall remain in one piece with the skin and scales intact and the skin and scales shall remain on a filleted fish and on a fish in the form of fillets.

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) (2) From outlying waters.

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) (b)

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)

29.407(2)(d)1. 1. All fish that are subject to a size limit and are taken by hook and line may be transported if one of the following applies:

29.407(2)(d)1.a. a. The fish is a whole, dressed, or filleted fish with the head and tail attached.

29.407(2)(d)1.b. b. The fish is a dressed or filleted fish with the head or tail or both removed or is in the form of fillets and the person transporting the fish provides upon request a photograph described under subd. 2. that shows the fish before the head or tail or both were removed alongside a ruler or other method acceptable to the department for proving the length of the fish.

29.407(2)(d)2. 2. A photograph under subd. 1. b. shall be either a physical photograph that bears a stamp of the time and date on which the photograph was taken or a digital photograph displayed on a cellular telephone or other electronic device with metadata that indicates the time and date the image was captured. If a digital photograph is displayed on a cellular telephone or other electronic device, the conservation warden may not view, and displaying a digital photograph does not constitute consent for the conservation warden to view, any content on the telephone or other device except for the photograph and metadata required under this subdivision.

29.407(2)(d)3. 3. For any fish transported under subd. 1., a dressed fish shall remain in one piece with the skin and scales intact and the skin and scales shall remain on a filleted fish and on a fish in the form of fillets.

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) (5) Exemptions.

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.

29.407 History History: 1971 c. 266; 1985 a. 29; 1987 a. 49; 1989 a. 56; 1991 a. 316; 1997 a. 27; 1997 a. 248 ss. 524 to 537; Stats. 1997 s. 29.407; 2005 a. 288; 2013 a. 20; 2023 a. 112.

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.

29.417(3)(d) (d) That body of water known as Eagle Harbor lying south and east of a line drawn from the most northeast point in section 9, township 31 north, range 27 east, easterly to the water’s edge on the north line of section 12, same township and range.

29.417(3)(e) (e) That body of water known as Egg Harbor lying south of a line commencing at the most northeast point in section 26, township 30 north, range 26 east, and running in a straight line east to the north line of section 25, same township and range.

29.417(3)(f) (f) That body of water known as North Bay lying north of a line commencing at the most northeast point in section 35, township 31 north, range 28 east, and running in a straight line to the west line of section 25, same township and range.

29.417(3)(g) (g) That body of water known as Fish Creek Harbor lying south and east of a line commencing at the most northerly point in the southwest quarter of section 29, township 31 north, range 27 east, and running northeasterly in a straight line to the water’s edge on north line of said section, township and range.

29.417(3)(h) (h) That body of water known as Detroit Harbor lying north of a line commencing at the most southerly point in section 14, township 33 north, range 29 east, and running in a straight line to the most southerly point in section 18, township 33 north, range 30 east.

29.417(3)(i) (i) That body of water known as Little Sturgeon Bay lying south of a line commencing at the most northeast point in section 35, township 28 north, range 24 east, and running in a northeasterly direction to the most northerly point in section 36, same township and range.

29.417(3)(j) (j) That body of water known as Rowley’s Bay lying north of a line commencing at the water’s edge on south line of section 26, township 32 north, range 28 east, and running east to the most southerly point in section 32, same township and range.

29.417(3)(k) (k) That body of water known as Riley’s Bay lying south of a line commencing at the most northerly point in section 36, township 28 north, range 24 east, and running in a northeasterly direction to the most northerly point in section 30, township 28 north, range 25 east.

29.417 History History: 1981 c. 390 s. 252; 1997 a. 248 ss. 81, 83, 85, 681; Stats. 1997 s. 29.417.

29.417 Cross-reference Cross-reference: See also s. NR 20.38, Wis. adm. code.

29.421 29.421 Removal of rough fish. The department may take rough fish by means of seines, nets or other devices, or cause rough fish to be taken, from any of the waters of this state, other than waters in a self-contained fish rearing facility or in a preexisting fish rearing facility that is an artificial body of water. Whenever the department takes rough fish under this section it shall dispose of the fish in any manner that it determines to be appropriate.

29.421 History History: 1971 c. 266; 1977 c. 418; 1997 a. 27, 237; 1997 a. 248 ss. 676, 677; Stats. 1997 s. 29.421; 1999 a. 32.

29.421 Cross-reference Cross-reference: See also s. NR 20.38, Wis. adm. code.

29.424 29.424 Control of detrimental fish.

29.424(1) (1) When the department finds that any species of fish is detrimental to any of the waters of the state it may designate the species of fish and specify the waters in which the species of fish is found to be detrimental. The department may remove or cause to be removed detrimental fish of the species designated from the waters specified.

29.424(2) (2) Subsection (1) does not authorize the department to remove fish from a self-contained fish rearing facility or from a preexisting fish rearing facility that is an artificial body of water unless one or more of the following apply:

29.424(2)(a) (a) The fish are of a species that is not native to this state and the department determines that having the fish in that particular self-contained fish rearing facility or preexisting fish rearing facility poses a risk of being detrimental to the waters of the state.

29.424(2)(b) (b) The department of agriculture, trade and consumer protection has requested that the department of natural resources remove the fish to address a problem affecting fish health.

29.424 History History: 1975 c. 360; 1997 a. 27; 1997 a. 248 ss. 678 to 680; Stats. 1997 s. 29.424.

29.424 Cross-reference Cross-reference: See also s. NR 20.38, Wis. adm. code.

subch. VI of ch. 29 SUBCHAPTER VI

COMMERCIAL ACTIVITIES

Subch. VI of ch. 29 Cross-reference Cross-reference: See also s. NR 19.01, Wis. adm. code.

29.501 29.501 Fur dealers regulated.

29.501(1) (1) In this section:

29.501(1)(a) (a) “Dressed fur” means the dressed or tanned skins of any fur-bearing animal, but does not include fur in the manufactured article.

29.501(1)(b) (b) “Fur auctioneer” means a person duly licensed to sell furs of wild-fur-bearing animals of this or other states or foreign countries.

29.501(1)(c) (c) “Fur dresser or dyer” means a person engaged in the business of dressing, dyeing, tanning and otherwise preparing furs to be made into manufactured articles.

29.501(1)(d) (d) “Itinerant fur buyers” means persons other than resident fur dealers who engage in the business of buying, bartering, trading or otherwise obtaining raw furs from trappers or from fur buyers or fur dealers in retail lots for purposes of resale, except those buying furs at a nationally advertised public auction conducted by a regularly licensed fur auctioneer.

29.501(1)(e) (e) “Raw fur” means the undressed skins or pelts of any fur-bearing animal.

29.501(1)(f) (f) “Resident fur dealer, Class A” means persons having an established post or place of business in the state where they carry on the business of buying, bartering, trading and otherwise obtaining raw or dressed furs, to the amount of $2,000 or more each year.

29.501(1)(g) (g) “Resident fur dealer, Class B” means persons having an established post or place of business in the state where they carry on the business of buying, bartering, trading and otherwise obtaining raw or dressed furs, to the amount of less than $2,000 each year.

29.501(2) (2) No person may engage in the business of buying, bartering, bargaining, trading or otherwise obtaining raw furs until he or she has a license issued under this section.