29.607(6)(b)(b) No person may use or cause to be used any mechanical device of any nature in the harvesting or gathering of wild rice.
29.607(7)(7)Penalties. Any person violating this section shall be punished pursuant to s. 29.971 (2) and (12).
29.607 HistoryHistory: 1975 c. 365 s. 62; 1979 c. 110; 1979 c. 190 s. 4; 1981 c. 243 s. 7; 1983 a. 27; 1985 a. 332 s. 251 (3); 1987 a. 27; 1991 a. 316; 1995 a. 27; 1997 a. 191, 237; 1997 a. 248 s. 594; Stats. 1997 s. 29.607; 1999 a. 32.
29.607 Cross-referenceCross-reference: See also ss. NR 19.001 and NR 19.09, Wis. adm. code.
29.61129.611Wild ginseng.
29.611(1)(1)Definitions. In this section:
29.611(1)(a)(a) “Dealer” means a person who purchases for purposes of resale at least 8 ounces of wild ginseng in a license year.
29.611(1)(am)(am) “License year” means the period beginning on July 1 of a given year and ending on the following June 30.
29.611(1)(b)(b) “Wild ginseng” means an unprocessed plant, dry root or live root of the species Panax quinquefolius that is not grown or nurtured by a person.
29.611(2)(2)Cutting. No person may, between November 1 and the following September 1, cut, root up, gather or destroy wild ginseng.
29.611(3)(3)Evidence. The purchase or sale of wild green ginseng between November 1 and the following September 1 is prima facie evidence of a violation of this section.
29.611(4)(4)Purchase with knowledge. No person may purchase wild ginseng if the person knows the ginseng was cut, rooted up or gathered between November 1 and the following September 1. No dealer may purchase wild ginseng if any of the following applies:
29.611(4)(a)(a) The dealer fails to inspect the vendor’s wild ginseng harvest license or wild ginseng dealer license.
29.611(4)(b)(b) The dealer knows that the vendor has violated this section.
29.611(5)(5)Evidence. In any prosecution under this section proof that any wild ginseng which was purchased had been illegally obtained by the vendor is prima facie evidence of a violation of this section by the purchaser.
29.611(6)(6)Wild ginseng harvest license.
29.611(6)(a)(a) Requirement. No person may cut, root up, gather or destroy wild ginseng unless the person has a valid wild ginseng harvest license issued by the department. The department shall promulgate rules for issuing wild ginseng harvest licenses. The department may promulgate rules on the quantity of wild ginseng that each person may harvest and restrictions on areas where wild ginseng may be harvested and on the methods which may be used to harvest wild ginseng.
29.611(6)(b)(b) Exception. Paragraph (a) does not apply to a person who cuts, roots up, gathers or destroys wild ginseng growing on the person’s own land if the ginseng is not sold.
29.611(7)(7)Wild ginseng dealer licenses.
29.611(7)(a)(a) License required. No resident may act as a dealer in this state unless he or she has one of the following valid wild ginseng dealer licenses issued by the department:
29.611(7)(a)1.1. A class A resident wild ginseng dealer license authorizes the purchase for purposes of resale of not more than 100 pounds dry weight of wild ginseng in a license year.
29.611(7)(a)2.2. A class B resident wild ginseng dealer license authorizes the purchase for purposes of resale of not more than 1,000 pounds dry weight of wild ginseng in a license year.
29.611(7)(a)3.3. A class C resident wild ginseng dealer license authorizes the purchase for purposes of resale of any amount of wild ginseng in a license year.
29.611(7)(b)(b) Nonresident wild ginseng dealer license. A person who is not a resident may not act as a dealer in this state unless he or she has a valid nonresident wild ginseng dealer license issued by the department.
29.611(7)(c)(c) Rules. The department may establish by rule the procedure for issuing wild ginseng dealer licenses.
29.611(8)(8)Shipment and certification of origin of wild ginseng.
29.611(8)(a)(a) Wild ginseng originating in this state. No person may ship out of this state wild ginseng that originates in this state unless the wild ginseng is accompanied by a valid certificate of origin issued under this subsection.
29.611(8)(bn)(bn) Wild ginseng originating in another state.
29.611(8)(bn)1.1. No person may ship out of this state to a foreign country wild ginseng that originates in another state unless the wild ginseng is accompanied by a valid certificate of origin issued by that other state. No person may ship out of this state wild ginseng that originates in another state under a certificate of origin issued under this subsection.