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
County forest roads which are open to vehicular traffic are highways which can be designated as all-terrain vehicle routes under section 23.33(8)(b), Stats., and minors under sixteen years of age holding valid all-terrain vehicle safety certificates can operate all-terrain vehicles on highways which have been designated as all-terrain vehicle routes under the limited conditions set forth in section 23.33(4). 77-52
Entitlement lands
County which has received payments from the federal government in lieu of taxes under sec. 1 of P. L. 94-565, 90 Stat. 2662, cannot distribute such payments to the towns in which the national forest lands are located. 68-23
Previous opinions on the distribution of payments in lieu of taxes discussed. (Unpub.). 16-1982
Federal aid
Section 59.20(13), Stats., does not control the distribution of monies received from the federal government under 31 U.S.C. sec. 1601. OAG-45 (unpub.), issued June 9, 1978, is withdrawn. 67-277
Withdrawn (unpub.) 45-1978
Forest Crop Law
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
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
Managed Forest Land Law
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
National forest income
Section 59.20(13), Stats., controls the distribution of national forest income by county treasurers derived from 16 U.S.C. sec. 471, et seq., and 31 U.S.C. sec. 1601, et seq. (Unpub.). 45-1978
Withdrawn, see 67-277
Payments, distribution of
Previous opinions on the distribution of payments in lieu of taxes discussed. (Unpub.). 16-1982
Peeled and unpeeled forest products cut crosswise"
Section 348.15(3)(b)2. and (5r), Stats., discussed. 62-100
Prospecting on state park and forest lands
Department of Natural Resources may grant contracts for mining beneath beds of navigable lakes and waters and licenses for prospecting on state park and forest lands, but it may not grant leases for mining purposes on state park and forest lands. (Unpub.). 58-1976
Spectator sport facilities
Department of Natural Resources has no authority to construct spectator sport facilities in state forests, nor has it authority to lease state forest lands for such purpose. 63-519
