Persons who previously received dispositions under the repealed Youthful Offenders Act are not precluded from possessing firearms under sec. 941.29, Stats. 71-217
FIREWOOD
Fee
The Department of Natural Resources has authority to assess a fee for firewood produced on state lands. Legislative committee recommendation that funding and positions be withdrawn from a proposed state wood energy program does not affect DNR authority to sell firewood. Although DNR has authority to sell firewood, there is no requirement that it do so. While DNR is not required to charge for firewood permits, it may do so. DNR does not have a fee schedule for the sale of firewood. 71-23
FIRST AMENDMENT
See CONSTITUTIONAL LAW
FISH AND GAME
Criminal law
A criminal prosecution pursuant to sec. 29.995, Stats., for a repeated violation of fish and game laws must be commenced by complaint as provided in sec. 968.02, Stats. Such a prosecution must be conducted in accordance with the same statutory and constitutional requirements applicable to other criminal prosecutions. 71-136
Deer shining
See also Shining
County boards do not have authority to legally proscribe deer shining since the Legislature has delegated such authority to the Department of Natural Resources. 68-81
Endangered and threatened species
Discussion of effect and constitutionality of law broadening endangered species protection to include threatened species. Definition of endangered and threatened species. Law gives protection to any species so designated, whether or not commercial fishing interests are affected. Provisions requiring incorporation of federal rules may be invalid, if text incorporated is not set forth in detail in state rule and if future as well as existing federal rules are included in the incorporation. Contract or permit fishing for protected species is disallowed. Existing fishing licenses are subject to new restrictions. 68-9
Federal steel shot regulations
The Department of Natural Resources is not prohibited from approving federal enforcement of federal steel shot regulations by federal agents on lands under their jurisdiction in the State during the 1980 waterfowl hunting season. 69-201
Forest Crop Law
Section 77.03, Stats., relating to enrolling land in the Forest Cropland Program, creates a right of access across an owner's non-enrolled lands to reach the owner's landlocked enrolled lands for the purposes of hunting and fishing. 71-163
Game farm
The shining prohibition of section 29.245, Stats., does apply to game, fur and deer farms. 80-7
Applicability of animal regulatory statutes to game farm operators discussed. 72-43
Indians
Indian fishers eligible to share in tribal treaty fishing rights are also eligible to apply for and hold a state commercial fishing license, but the State can exclude such individuals from sharing in non-Indian individual catch quotas applicable to a particular species of fish where a total harvest quota is necessary to prevent the substantial depletion of that species and where such quota must be apportioned between Indian and non-Indian fishers in order to safeguard the Indian's treaty rights. 68-416
The Stockbridge-Munsee Indian Tribe has the exclusive right to hunt and fish on tribal lands and has the right to regulate such activities by both Indian and non-Indian persons upon such lands. Current and former Stockbridge Munsee Reservation boundaries discussed. 69-72
Public access
Department of Natural Resources has the power under secs. 29.50 and 30.77, Stats., to withhold stocking with fish from state hatcheries from bodies of water where public access is inadequate. Determination of adequacy of access rests on consideration of reasonableness of fee charged for use of public boat launching facilities as well as quantity of parking facilities provided. The Department may, but is not bound to, require that reasonable access be afforded at all times to the general public. Larger fees may in some circumstances be imposed on larger boats, and large boat access probably could be regulated. Provision of special facilities for the handicapped is encouraged but not required. 68-233
Regulation of firearms by Town
A town ordinance which purports to prohibit the use of firearms but exempts town residents and their guests is in effect a restriction on hunter numbers. As such, it infringes on and exceeds the authority of the Department of Natural Resources, and presents possible equal protection problems. 77-137
Shining
See also Deer shining
The shining prohibition of section 29.245, Stats., does apply to game, fur and deer farms. 80-7
Section 29.245, Stats., which prohibits the "shining" of animals under certain circumstances, is a valid exercise of the police power. The rebuttable presumption contained in sec. 29.245(2), Stats., does not render the statute unconstitutional, but certain precautions should be observed in instructing juries and in weighing evidence under the statute. Although sec. 29.245(5), Stats., broadly prohibits night shining, it is not void for vagueness. 71-49
Trespassing on posted lands
Section NR 10.07(8) Wis. Adm. Code, requiring hunters to make reasonable efforts to retrieve game birds killed or injured, does not exempt a person from criminal prosecution under sec. 943.13(1)(b), Stats., for trespassing upon posted lands to retrieve birds shot from outside the posted area. 64-204
Waterfowl propagation areas
Assembly Bill 894 as drafted is constitutional and allows the state to contribute $1 of the $3 fee collected from a state waterfowl hunting stamp to private nonprofit organizations for development of waterfowl propagation areas in Canada. 67-56
FLOOD CONTROL
Zoning
County floodplain zoning ordinances may be adopted under the authority of sec. 59.971, Stats. Such ordinances will not require the approval of town boards in order to become effective within the unincorporated areas of the county. County Floodplain zoning ordinances adopted by the Department of Natural Resources pursuant to sec. 87.30, Stats., do not need approval of the town boards in order to become effective within all unincorporated areas of the county. 62-264
FOODS
See DAIRY, FOOD AND DRUGS
FOREST CROP LAW
See also FORESTS
Deeds
A county Register of Deeds must record Department of Natural Resources' orders under the Forest Croplands Program, sec. 77.02(3), Stats., and the Woodland Tax Law, sec. 77.16(3), Stats., notwithstanding sec. 59.57(12), Stats., which requires that recording fees must be paid in advance of recordation. 66-246
Discussed
Although public tax-exempt entities such as municipalities may neither enter nor continue their lands in the forest tax programs of chapter 77, Stats., private entities whose property would otherwise normally be tax-exempt under chapter 70 may participate in such programs. 77-280
Highways
The exceptions established by sec. 348.20(3), Stats., are not applicable to violations of weight limits established under sec. 348.175, Stats. 64-164
Right of way
Section 77.03, Stats., relating to enrolling land in the Forest Cropland Program, creates a right of access across an owner's non-enrolled lands to reach the owner's landlocked enrolled lands for the purposes of hunting and fishing. 71-163
University
University forest land transferred to the University for purpose of forestry and timber studies and related research is exempt from property taxation under sec. 70.11(1), Stats., and is not subject to tax as "agricultural land" under sec. 70.116, Stats. The University lacks authority to enter its lands under subch. I, ch. 77, Stats., the Forest Crop Law, or continue the previous entry of lands it acquires. 66-78
FORESTS
Condemnation
County lands are not subject to condemnation by a town absent express statutory authority authorizing such condemnation. 62-64
County forest and park land
Where large sums had accumulated from sale or leases of county forest land and were credited to the Forestry and Parks Department, County Board resolution which would authorize transfer of funds for specific use of construction of a waterslide on county forest park lands failed passage where it did not receive two-thirds vote of the entire membership. Sec. 65.90(5), Stats. 75-56
County Boards cannot sell or exchange county forest lands without first withdrawing them from the county forest program under sec. 28.11(11), Stats. The term "exchange" does not include a sale for valuable consideration. 66-108
County forest roads
