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2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.566 - Collection, retention, and deposit of fees.

29.566
Collection, retention, and deposit of fees.
(1)
Use of wildlife damage surcharge fees. The wildlife damage surcharge shall be collected as are other approval fees and the surcharge fees shall be deposited in the conservation fund to be used for the wildlife damage abatement and claim program, for wildlife abatement and control grants under s. 29.887 and for removal activities by the department under s. 29.885.
(1m)
Transaction payments. The department shall establish a system under which the department pays each agent appointed under s. 29.024 (6) (a) 2. or 3. a payment of 50 cents for each time that the agent processes a transaction through the statewide automated system contracted for under s. 29.024 (6) (a) 4. This payment is in addition to any issuing fee, processing fee, or handling fee retained by the agent. The department shall make these payments by allowing the agent to retain an amount equal to the payments from the amounts that are collected by the agent and that would otherwise be remitted to the department.
(1r)
Issuing payment for special deer hunting permits. The department shall establish a system under which the department pays each agent appointed under s. 29.024 (6) (a) 2. or 3. a payment of 50 cents each time that the agent uses the statewide automated system contracted for under s. 29.024 (6) (a) 4. to issue to an individual one or more deer hunting permits as authorized under s. 29.177. The department shall make these payments by allowing the agent to retain an amount equal to the payments from the amounts that are collected by the agent and that would otherwise be remitted to the department.
(2)
Fees held in trust. All fees collected for approvals issued under this chapter that are required to be remitted to the department shall be held in trust for the state. Any person who collects, possesses or manages fees for these approvals acts in a fiduciary capacity for the state.
History:  1997 a. 248 ss. 167, 169, 607; 2001 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.567 - Voluntary contributions; elk research.

29.567
Voluntary contributions; elk research.
(1)
Any applicant for an elk hunting license under s. 29.182 may, in addition to paying any fee charged for the license, elect to make a voluntary contribution of at least $1 to be used for elk research.
(2)
All moneys collected under sub. (1) shall be credited to the appropriation account under s. 20.370 (1) (hq).
History:  2001 a. 109.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.569 - Effective periods.

29.569
Effective periods.
(1)
Specification of effective periods; restrictions. Unless an approval issued under this chapter is suspended or revoked or unless another section of this chapter specifically provides otherwise, the approval is valid for the period or season specified on the face of the approval or on an attachment to the approval. In addition to any other restriction under this chapter, no license may be issued if that issuance is restricted under sub. (3).
(3)
Fishing.
(a)
Resident senior citizen fishing license. A permanent fishing license issued to a resident senior citizen under s. 29.145 (1a), 1989 stats., is valid from the date of issuance and remains valid if the licensee is a resident.
(b)
Restrictions on issuance of sturgeon spearing licenses during the open season. Except as provided in par. (bm), no sturgeon spearing license may be issued during a period beginning on November 1 and ending on the last day of the open season for the spearing of lake sturgeon that follows that November 1.
(bm)
Exceptions. A sturgeon spearing license may be issued during a period beginning on November 1 and ending on the last day of the open season for the spearing of lake sturgeon that follows that November 1 to any of the following:
1.
A person who is a member of the U.S. armed forces and who exhibits proof that he or she is a resident, is in active service with the armed forces outside this state, and is on furlough or leave.
2.
A person who is a resident and who has attained the age of 12 during that period.
3.
A person selected to receive a sturgeon spearing permit under s. 29.192 (4) (b).
(4)
Senior citizen recreation card. A senior citizen recreation card is valid from the date of issuance and shall remain valid as long as the person is a resident.
(5)
Reprints; duplicates. A reprint or duplicate of an approval is valid from the date of issuance until the expiration of the original approval.
History:  1997 a. 248 ss. 170, 171, 173, 176, 177, 178, 180, 182, 187; 2001 a. 77, 109; 2003 a. 313; 2009 a. 385; 2013 a. 69; 2015 a. 89.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.592 - Hunting mentorship program.

29.592
Hunting mentorship program.
(1)
A person may hunt in this state without obtaining a certificate of accomplishment under s. 29.591 and may, while hunting, possess or control a firearm if all of the following apply:
(a)
At all times when hunting, the person is within arm's reach of a mentor who meets the qualifications under sub. (2).
(b)
The person holds a hunting approval.
(2)
No person may serve as a qualified mentor for a hunter unless the person meets all of the following requirements:
(a)
The person is 18 years of age or older.
(b)
The person is the parent or guardian of the person for whom he or she is serving as a mentor or is authorized by the parent or guardian to serve as a mentor. This requirement does not apply to a person serving as a mentor for a person who is 18 years of age or older.
(c)
At all times when serving as a mentor, the person is within arm's reach of the person for whom he or she is serving as a mentor.
(d)
The person has been issued a certificate of accomplishment under s. 29.591 or, if serving as a mentor for hunting elk, under s. 29.595 unless the person was born before January 1, 1973, and is not required to obtain a certificate of accomplishment.
(e)
The person holds a current valid hunting approval.
(4)
A mentor under this section may take only one person hunting at a time for whom he or she is serving as a mentor.
(5)
The requirements under subs. (1) (b) and (2) (e) do not apply to a person who is authorized to hunt without a hunting approval under s. 29.337 (1), 95.55 (5), or 169.19 (5).
History:  2009 a. 39; 2013 a. 61; 2017 a. 62.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.593 - Requirement for certificate of accomplishment to obtain hunting approval.

29.593
Requirement for certificate of accomplishment to obtain hunting approval.
(1)
(a)
Except as provided under subs. (2), (2m) and (3), and s. 29.592 (1), no person born on or after January 1, 1973, may obtain any approval authorizing hunting unless the person is issued a certificate of accomplishment under s. 29.591.
(b)
A certificate of accomplishment issued to a person for successfully completing the course under the bow hunter education program only authorizes the person to obtain a resident archer hunting license, a nonresident archer hunting license, a resident crossbow hunting license, or a nonresident crossbow hunting license.
(2)
A person who has a certificate, license, or other evidence that is satisfactory to the department indicating that he or she has successfully completed in another state, country, or province a hunter education course recognized by the department may obtain an approval authorizing hunting.
(2m)
A person who has a certificate, license, or other evidence that is satisfactory to the department indicating that he or she has successfully completed in another state, country, or province a bow hunter education course recognized by the department may obtain an archer hunting license or crossbow hunting license.
(3)
A person who successfully completes basic training in the U.S. armed forces, reserves or national guard may obtain an approval authorizing hunting.
(4)
A person who is subject to sub. (1) may prove compliance with sub. (1) when submitting an application for an approval authorizing hunting by presenting any of the following:
(a)
His or her certificate of accomplishment issued under s. 29.591.
(b)
An approval authorizing hunting that was issued to him or her under this chapter within 365 days before submitting the application.
(c)
An approval authorizing hunting that was issued to him or her under this chapter for a hunting season that ended within 365 days before submitting the application.
History:  1983 a. 420; 1991 a. 254; 1997 a. 27, 197; 1997 a. 248 ss. 427 to 430; Stats. 1997 s. 29.593; 1999 a. 32; 2005 a. 289; 2009 a. 39; 2013 a. 61.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.595 - Elk hunter education program.

29.595
Elk hunter education program.
(1)
Establishment. The department shall establish and conduct an elk hunter education program.
(2)
Instruction. The elk hunter education program shall provide a course of instruction that includes all of the following:
(a)
History and recovery of elk in this state and the eastern United States.
(b)
Elk census and population estimation methods used in this state.
(c)
Elk biology and disease prevention.
(d)
Elk hunting techniques and hunter ethics.
(e)
Elk hunting zones.
(f)
Rules promulgated by the department concerning elk hunting.
(g)
Native American hunting.
(3)
Certificate of accomplishment.
(a)
The department shall issue a certificate of accomplishment to a person who successfully completes the course of instruction under the elk hunter education program.
(b)
Except as provided in par. (c), no person may be issued an elk hunting license unless he or she holds a valid certificate of accomplishment issued under this subsection.
(c)
A person who has a certificate, license, or other evidence that is satisfactory to the department indicating that he or she has successfully completed in another state, country, or province an elk hunter education course recognized by the department may obtain an elk hunting license.
(4)
Fee prohibited. The department may not charge a fee for the course of instruction or the certificate of accomplishment.
History:  2001 a. 109; 2005 a. 289.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.598 - Outdoors skills training.

29.598
Outdoors skills training.
(1)
Program coordination. The department and the board of regents of the University of Wisconsin System shall enter into an agreement with an established national organization that provides training to persons who are interested in learning about the outdoor skills needed by women to hunt, fish, camp, canoe and undertake other outdoor recreational activities in order to provide that type of training to interested persons.
(2)
Match. No moneys may be paid from the appropriation account under s. 20.370 (1) (mu) for the costs associated with the agreement under sub. (1), unless the organization described in sub. (1) demonstrates that it has contributed an equal amount to pay for those costs. The matching contribution may be in the form of money or in-kind goods or services.
History:  1999 a. 9; 2011 a. 32.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.614 - Scientific collector permit.

29.614
Scientific collector permit.
(1)
Application for a scientific collector permit shall be submitted to the department. The department may issue a scientific collector permit if the department determines that the applicant is a natural person and is engaged in a bona fide program leading to increased, useful scientific knowledge.
(2)
A scientific collector permit shall state the name and address of the permittee, the date of issuance, the purposes for which it is issued, the type, species and number of specimens authorized to be collected or salvaged, the area and period of time in which the specimens may be collected or salvaged, the place where the specimens may be kept and other conditions and limitations that the department requires. A scientific collector permit is not transferable.
(3)
A scientific collector permit authorizes the permittee to collect or salvage from the wild, for scientific purposes only, live fish and the nests and carcasses of any wild animals specified in the permit subject to the conditions and limitations specified in the permit and the rules of the department. The permittee may use the specimens for the scientific purposes for which collected or salvaged and may transport them or cause them to be transported by common carrier. Possession of these specimens may not be transferred to any other person, except that these specimens may be exchanged for other specimens for scientific purposes. A scientific collector permit may authorize the use of net guns and tranquilizer guns for activities related to the purposes for which the permit is issued. Any person who is convicted of violating this chapter shall forfeit the person's permit and the permit is thereby revoked, in addition to all other penalties. Any person so convicted is not eligible for a permit under this section for one year following the conviction.
History:  1997 a. 248; 2001 a. 56.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.617 - Public hunting and fishing grounds.

29.617
Public hunting and fishing grounds.
The department may acquire, lease, develop and maintain public hunting and fishing grounds. The department may agree to adjust and pay damages arising from the operation of public hunting or fishing grounds.
History:  1979 c. 34 s. 730; 1997 a. 248 s. 598; Stats. 1997 s. 29.617.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.621 - Wildlife refuges.

29.621
Wildlife refuges.
(1)
Establishment. The owner of contiguous land comprising in the aggregate not less than 160 acres located outside the limits of any city or village may apply to the department for the establishment of the land as a wildlife refuge. If the department determines that the establishment of the land as a wildlife refuge will promote the conservation of species or varieties native to this state, it may by order establish the land as a wildlife refuge.
(2)
Signs. Within 30 days after the date of the order the owner of the land shall post signs or notices as required and furnished by the department, designating the refuge.
(3)
Publication. The order is not effective until at least 30 days after issuance and until the department has caused to be published a class 3 notice, under ch. 985, in the county containing the land. The land shall remain a wildlife refuge for not less than 5 years.
(4)
Protection. Except as provided in s. 29.091 (1), no owner of a wildlife refuge, and no other person, may hunt or trap within the boundaries of any wildlife refuge or have in his or her possession or under his or her control in the wildlife refuge a gun, firearm, bow or crossbow, unless the gun or firearm is unloaded, the bow or crossbow is unstrung and the gun, firearm, bow or crossbow is enclosed within a carrying case. This subsection, as it relates to the possession or control of a loaded or unencased firearm, does not apply to any of the following:
(a)
A person who is employed in this state by a public agency as a law enforcement officer and to whom s. 941.23 (1) (g) 2. to 5. and (2) (b) 1. to 3. applies.
(b)
A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (g), to whom s. 941.23 (2) (b) 1. to 3. applies.
(c)
A former officer, as defined in s. 941.23 (1) (c), to whom s. 941.23 (2) (c) 1. to 7. applies.
(d)
A licensee, as defined in s. 175.60 (1) (d), or an out-of-state licensee, as defined in s. 175.60 (1) (g), if the gun or firearm is a handgun, as defined in s. 175.60 (1) (bm).
(5)
Animals procured by department. The department may place wild animals within any wildlife refuge, for the purpose of propagation.
(6)
Injurious animals. Nothing in this section may prohibit, prevent, or interfere with the department in the destruction of injurious animals.
History:  1971 c. 42; 1989 a. 214; 1997 a. 248 s. 608; Stats. 1997 s. 29.621; 2011 a. 35.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.624 - Senior citizen recreation card.

29.624
Senior citizen recreation card.
(1)
A senior citizen recreation card entitles the holder to exercise all of the combined rights and privileges conferred by a resident small game hunting license, a wild turkey hunting license, a wild turkey hunting stamp and a resident fishing license, subject to all duties, conditions, limitations, and restrictions of the licenses and stamp. A person may operate any motor vehicle, except a motor bus, as defined in s. 340.01 (31), subject to the admission requirements under s. 27.01 (7) in any vehicle admission area under s. 27.01 (7) without having an admission receipt affixed to the vehicle or otherwise displayed and without paying a fee if the vehicle has as an occupant a card holder who can exhibit the card upon demand in the vehicle admission area. The card permits a card holder to enter Heritage Hill state park or a state trail without paying an admission fee.
(2)
Except as provided in this section, possession of a senior citizen recreation card shall not entitle the holder to obtain any other privileges or services for free if the privileges or services may be obtained only through payment of a fee.
(3)
The department shall allocate the proceeds from senior citizen recreation card sales among the various affected programs at its discretion.
(4)
The department may not issue a senior citizen recreation card after December 31, 1991.
History:  1997 a. 248 ss. 189 to 192; Stats. 1997 s. 29.624; 2015 a. 89.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.627 - Domestic fur-bearing animal farms.

29.627
Domestic fur-bearing animal farms.
The breeding, raising and producing in captivity, and the marketing, by the producer, of foxes, fitch, nutria, marten, fisher, mink, chinchilla, rabbit or caracul, as live animals, or as animal pelts or carcasses shall be considered an agricultural pursuit, and all such animals so raised in captivity shall be considered domestic animals, subject to all the laws of the state with reference to possession, ownership and taxation as are at any time applicable to domestic animals. All persons engaged in the foregoing activities are farmers and engaged in farming for all statutory purposes.
History:  1997 a. 248 s. 630; Stats. 1997 s. 29.873; 2001 a. 56 s. 86; Stats. 2001 s. 29.627.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.630 - Raffling lake sturgeon from state fish hatcheries.

29.630
Raffling lake sturgeon from state fish hatcheries.
(1)
The organization known as Sturgeon for Tomorrow, Inc., may annually request that the department transfer not more than 15 carcasses of lake sturgeon from state fish hatcheries to be awarded as prizes in a raffle, subject to the requirements of subch. VIII of ch. 563.
(2)
For any raffle conducted under sub. (1), the organization known as Sturgeon for Tomorrow, Inc., shall do all of the following:
(a)
Preserve all sturgeon carcasses received from the department for taxidermy and mounting.
(b)
Provide to each person who receives a sturgeon carcass a certificate of transfer furnished by the department, to be retained by the person receiving the sturgeon carcass.
(c)
Use all proceeds from the raffle to promote sturgeon management, conduct sturgeon habitat management, promote sturgeon reintroduction, or further sturgeon research.
History:  2021 a. 193.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.701 - Propagation of fish; protected wild animals.

29.701
Propagation of fish; protected wild animals.
(1)
Nothing in this chapter concerning the protection of wild animals applies to any of the following:
(a)
The operation of state fish hatcheries.
(b)
The removal of fish which have died from natural causes or the removal of detrimental or rough fish by or as authorized by the department.
(c)
The propagation or transportation, collecting and transplanting of fish by the department.
(d)
The transportation of fish into or through this state or out of it by the commissioners of fisheries of other states or of the United States.
(e)
The transportation and sale of farm-raised fish.
(2)
The department may not furnish fish from state hatcheries to private ponds, private clubs, corporations or preserves, and may not introduce, stock or plant them in waters where the general public is not allowed the rights and privileges enjoyed by any individual.
(3)
An operator of a fish farm, or an employee of the operator, may capture turtles that are on the fish farm, transport them to different locations and release them into the wild.
History:  1997 a. 27, 237; 1997 a. 248 s. 554; Stats. 1997 s. 29.701.
Under ss. 29.50 [now this section] and 30.77, the department may refuse to stock waters where public access is inadequate. 68 Atty. Gen. 233.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.707 - Propagation of fish; department rules.

29.707
Propagation of fish; department rules.
(1)
The department shall promulgate rules that do all of the following:
(a)
Define the role and extent that genetics is involved in the department's fish stocking strategies.
(b)
Standardize the department's fish donation procedures.
(2)
The department and the department of agriculture, trade and consumer protection shall review the departments' rules relating to viral hemorrhagic septicemia, and shall promulgate new rules as the departments determine are necessary.
(3)
The department, with the department of agriculture, trade and consumer protection, shall assess the efficiency and utility of the fish hatchery classification system under rules promulgated by the department of agriculture, trade and consumer protection, and the department of agriculture, trade and consumer protection shall promulgate new rules as it determines are necessary.
(4)
The department shall assess the viability and use of bait fish and forage fish and of the continued classification of bait fish and forage fish as established nonnative fish species, and shall promulgate new rules as it determines are necessary.
(5)
The department shall consider economic factors, healthy fish populations, and fishing opportunities, and shall consult with interested parties, including fishing groups and the aquaculture industry, when promulgating rules under this section.
(6)
The final draft of a proposed rule under this section shall be submitted under s. 227.19 (2) no later than June 28, 2019.
History:  2017 a. 21.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.709 - State fish hatcheries.

29.709
State fish hatcheries.
The department may operate state fish hatcheries and may do all of the following:
(1)
Breed and propagate fish of such species and varieties as it determines to be of value.
(2)
Distribute information regarding the propagation and conservation of fish.
(3)
Manage the state fish hatcheries and all other property held by the state for the propagation of fish.
(4)
Subject to s. 95.60, receive from any person all fish eggs or fish donated to the state or purchased, and procure, receive, exchange, distribute and dispose of fish eggs and fish.
(5)
Transfer the carcasses of lake sturgeon from state fish hatcheries as part of routine rearing practices to be used in raffles as provided in s. 29.630.
History:  1997 a. 248 ss. 558, 559, 561; 2021 a. 193.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.713 - Trespass to state fish hatchery.

29.713
Trespass to state fish hatchery.
Whoever does any of the following without proper authority shall be subject to the penalties under s. 29.971 (1):
(1)
Enters upon the grounds of a state fish hatchery for the purpose of killing or taking fish.
(2)
Kills or takes fish from any waters or grounds of a state fish hatchery.
(3)
Injures any fish, or interferes harmfully with the ponds, streams, troughs or other property of a state fish hatchery.
History:  1975 c. 365; 1985 a. 29; 1997 a. 248 s. 580; Stats. 1997 s. 29.713.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.717 - Trespass on riparian land.

29.717
Trespass on riparian land.
In an action against a person for damages sustained from trespassing on lands bordering streams stocked by the consent of the owner of the lands, with fish received from a state hatchery, where the damage exceeds $2, the trespasser is liable for double the amount of the damage and all of the taxable costs; and where the damage is $2 or less the trespasser shall be liable for the amount of the damage and costs not to exceed the amount of the damage.
History:  1997 a. 248 s. 682; Stats. 1997 s. 29.717.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.734 - Barriers required for fish farms.

29.734
Barriers required for fish farms.
No person may use any body of water as a fish farm or as part of a fish farm unless the body of water is equipped with barriers that prevent the passage of fish between it and the other waters of the state.
History:  1997 a. 237; 1999 a. 32 s. 65; Stats. 1997 s. 29.734.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.735 - Importation of fish.

29.735
Importation of fish.
(1)
No person may bring into this state any fish, or fish eggs, of a species that is not native to this state for the purpose of introduction into the waters of the state, as defined in s. 281.01 (18), of use as bait or of rearing in a fish farm without having a permit issued by the department.
(2)
A person applying for a permit under this section shall submit a written application to the department.
(3)
Subsections (1) and (2) do not apply to the importation of fish by the department.
(4)
For the purpose of issuing permits under this section, the department may not require that any testing, inspection or investigation be performed concerning the health of the fish.
History:  1997 a. 27; 1997 a. 248 s. 582; Stats. 1997 s. 29.735.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.736 - Stocking of fish.

29.736
Stocking of fish.
(1)
In this section:
(a)
“Fish" includes fish eggs.
(b)
“Qualified inspector" means a veterinarian licensed under ch. 89 or a person who is qualified to provide evidence of fish health under s. 95.60 (4s) (c).
(c)
“Waters of the state" does not include preexisting fish rearing facilities that are artificial bodies of water or self-contained fish rearing facilities.
(2)
(a)
No person may introduce, stock or plant any fish in the waters of the state unless all of the following apply:
1.
The person has a permit issued by the department.
2.
The fish have been certified by a qualified inspector to meet the fish health standards and requirements promulgated under s. 95.60 (4s) (b).
3.
The fish is not a species of lake sturgeon.
(b)
A person applying for a permit under this section shall submit a written application to the department.
(c)
This subsection does not apply to introduction, stocking or planting of fish by the department.
(3)
The department may not introduce, stock or plant any fish in the waters of the state unless the fish have been certified by a qualified inspector to meet the fish health standards and requirements promulgated under s. 95.60 (4s) (b).
(4)
For the purposes of issuing permits under this section and for introducing, stocking or planting of fish by the department, the department:
(a)
Shall accept the certification by a qualified inspector that the fish meet the fish health standards and requirements promulgated under s. 95.60 (4s) (b) and may not require that any additional testing, inspection or investigation be performed concerning the health of the fish.
(b)
May regulate the species of fish, the number of fish and the sites where the fish will be introduced, planted or stocked.
(5)
The requirement of being issued a permit under this section does not apply to civic organizations, organizations operating newspapers or television stations or promoters of sport shows when and in connection with publicly showing or exhibiting, giving demonstrations with or providing fishing of fish for periods of not to exceed 10 days if the fish are placed in a tank or an artificially constructed pond that is a self-contained body of water. Fish used for these purposes shall have been certified by a qualified inspector to meet the fish health standards and requirements promulgated under s. 95.60 (4s) (b).
History:  1997 a. 27, 237; 1997 a. 248 ss. 583, 584; Stats. 1997 s. 29.736; 2003 a. 136; 2015 a. 55; 2021 a. 238 s. 44.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.737 - Permit for private management.

29.737
Permit for private management.
(1)
Any person or persons owning all of the land bordering a navigable lake that is completely landlocked may apply to the department for a permit to remove, destroy or introduce fish in the lake.
(2)
The department shall hold a public hearing on the permit application in the vicinity of the lake, and if the department determines that the hearing is favorable the department may issue a permit authorizing the applicant to remove, destroy or introduce fish in the lake.
(3)
The department shall impose appropriate terms, conditions and limitations on the permit. All work done under the permit shall be under the supervision of employees or agents of the department, who shall have free access to the lake at all times for that purpose. The permittee shall pay the expenses of the supervision.
(4)
All fish removed from the lake under a permit shall be disposed of as directed by the department.
(5)
A person who is using a navigable lake that is a freeze-out pond as a fish farm, or as part of a fish farm, is exempt from obtaining a permit under this section.
History:  1997 a. 27; 1997 a. 248 ss. 576 to 578; Stats. 1997 s. 29.737.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.738 - Private fishing preserves.

29.738
Private fishing preserves.
(1)
A single person may register with the department a natural, navigable, self-contained body of water as a private fishing preserve if all of the following apply:
(a)
All of the use and occupancy rights in the land that is riparian to the body of water are owned or leased by the registrant.
(b)
The registrant and any owner of the riparian land do not provide access to the body of water to the public by means of an easement or other right-of-way or by means of a business open to the public.
(c)
The registrant held a private fish hatchery license under s. 29.52, 1995 stats., on December 31, 1997, that applied to the body of water being registered as a private fishing preserve.
(2)
No lake association, corporation or other association that is formed to establish a private fishing preserve is eligible to register under this section.
(3)
A registration under this section is valid for one year.
(4)
A person who is fishing in a private fishing preserve is exempt from having any sport fishing approval issued under this chapter. No person may sell or trade fish that are caught in a private fishing preserve. No person may charge a fee for fishing in a private fishing preserve or a fee for an activity that includes the privilege of fishing in a private fishing preserve.
History:  1997 a. 27, 237; 1997 a. 248 s. 579; Stats. 1997 s. 29.738.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.739 - Grants for walleye production.

29.739
Grants for walleye production.
(1)
The department shall establish a grant program to award grants on a competitive basis to cities, villages, towns, and counties; to federally recognized Indian tribes or bands located in this state; and to fish farms.
(2)
Grants awarded under this section shall be used for the purpose of increasing the grantee's capacity to raise walleye for stocking in the waters of the state. The grants may be used to build, improve, or repair any of the following:
(a)
Buildings and structures used as fish hatcheries or for fish rearing.
(b)
Fish rearing ponds.
(c)
Wells or water recirculation systems.
(d)
Biosecurity systems to ensure fish health.
(e)
Holding facilities and equipment used for fish brood stock.
(f)
Equipment used for the distribution of fish or for the collection of fish spawn.
(3)
For a fish farm to be eligible for a grant under this section, the fish farm shall meet all of the following requirements:
(a)
The fish farm is registered with the department of agriculture, trade and consumer protection under s. 95.60.
(b)
The fish farm is in compliance with all applicable state and federal environmental laws and all applicable state and federal laws related to fish health.
(4)
A contract awarding a grant under this section shall state the number of fingerlings that will be reared as a result of the increased capacity and the purchase price the grantee shall charge for the fingerlings when the construction, improvement, or repair is completed.
(5)
The department shall promulgate rules to implement the program to be established under this section.
History:  2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.740 - Contracts for walleye production.

29.740
Contracts for walleye production.
(1)
In this section, “local governmental unit" means a city, village, town, or county.
(2)
The department may enter into contracts with local governmental units, federally recognized Indian tribes or bands located in this state, and fish farms for the purpose of increasing the amount of walleye available for stocking in the waters of the state.
(3)
The terms of a contract entered into under this section may include all of the following:
(a)
Authorization for the department to furnish fish eggs and fish for free or at cost to a local governmental unit, tribe, band, or fish farm that is a party to the contract.
(b)
Authorization for the department to purchase fish from a local governmental unit, tribe, band, or fish farm that is a party to the contract.
(4)
No contract entered into under this section may have a term that is more than 5 years.
History:  2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.741 - Food in the wild for game birds.

29.741
Food in the wild for game birds.
No person may, from the public waters of this state, take, remove, sell, or transport any duck potato, wild celery, or any other plant or plant product except wild rice, that is native to these waters and that is commonly known to furnish food for game birds.
History:  1989 a. 359; 1997 a. 248 s. 593; Stats. 1997 s. 29.741; 2001 a. 16, 56.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.749 - Horicon marsh fur farm and dam.

29.749
Horicon marsh fur farm and dam.
(1)
The department shall establish a fur farm on the Horicon marsh in Dodge County under the supervision of the department.
(2)
The department may maintain a dam in or near the city of Horicon, to control and regulate the flood waters on the Rock River, and to restore the Rock River on Horicon marsh to the natural levels existing prior to drainage of the marsh.
History:  1997 a. 248 ss. 609 to 612; Stats. 1997 s. 29.749.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.753 - Importation of wild elk.

29.753
Importation of wild elk.
Notwithstanding ss. 95.20 and 95.55 (6) and rules promulgated under those provisions, the department may import and move elk and introduce the elk into Ashland, Bayfield, Jackson, Price, or Sawyer county if all of the following apply:
(1)
The elk are taken from the wild and not raised on a farm.
(2)
The purpose of importing or moving the elk is to protect, develop, or manage wildlife resources in this state.
(3)
The department of agriculture, trade and consumer protection determines that the applicable requirements related to chronic wasting disease under ss. 95.20 and 95.55 (6) are met to the fullest extent possible and practical with wild and free-roaming elk.
(4)
The department tests each elk for tuberculosis and brucellosis before importing or moving the elk in accordance with the applicable disease testing requirements of the department of agriculture, trade and consumer protection.
(5)
The department does not seek a reduction of road access to public lands in connection with importing, moving, or introducing the elk.
History:  2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.875 - Disposal of escaped deer or elk.

29.875
Disposal of escaped deer or elk.
(1g)
In this section, “deer" means any species of deer.
(1r)
The department may seize and dispose of or may authorize the disposal of any deer that has escaped from land owned by a person registered under s. 95.55 or by a person who is subject to s. 169.04 (5m) if the escaped deer has traveled more than 3 miles from the land or if the licensee or person has not had the deer returned to the land within 24 hours of the discovery of the escape.
(2)
Notwithstanding sub. (1r), the department may dispose of the deer immediately if the department of agriculture, trade and consumer protection determines that the deer poses a risk to public safety or to the health of other domestic or wild animals.
History:  1991 a. 269; 1995 a. 79; 1997 a. 248 s. 631; Stats. 1997 s. 29.875; 2001 a. 56, 109; 2003 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.886 - Management of double-crested cormorants.

29.886
Management of double-crested cormorants.
(1)
In this section:
(a)
“U.S. depredation order" means the depredation order for double-crested cormorants to protect public resources that was issued by the U.S. department of interior, fish and wildlife service, in 50 CFR 21.48, to reduce or minimize the wildlife damage caused by double-crested cormorants.
(b)
“Wildlife damage" means adverse impacts on fish, including fish hatchery stock, wildlife, plants, and their habitats.
(2)
The department shall, in cooperation with federal agencies, administer a program in a manner that complies with the U.S. depredation order to control and manage double-crested cormorants in order to reduce wildlife damage caused by double-crested cormorants.
History:  2005 a. 287.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.887 - Wildlife control in urban communities.

29.887
Wildlife control in urban communities.
(1)
The department shall establish a program to award matching grants to urban communities for up to 50 percent of the costs for projects to plan wildlife abatement measures or to engage in wildlife control efforts or both.
(2)
A grant awarded under this section may not exceed $5,000.
(3)
The department shall promulgate rules establishing criteria for awarding grants under this section.
History:  1997 a. 27; 1997 a. 248 s. 643; Stats. 1997 s. 29.887.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.888 - Wolf depredation program; wolf damage claims.

29.888
Wolf depredation program; wolf damage claims.
(1b)
In this section:
(a)
“Federal endangered list" has the meaning given in s. 29.185 (1b) (a).
(b)
“State endangered list" has the meaning given in s. 29.185 (1b) (b).
(1m)
The department shall administer a wolf depredation program under which payments may be made to persons who apply for reimbursement for death or injury caused by wolves to livestock, to hunting dogs other than those being actively used in the hunting of wolves, and to pets and for management and control activities conducted by the department for the purpose of reducing such damage caused by wolves. The department may make payments for death or injury caused by wolves under this program only if the death or injury occurs during a period of time when the wolf is not listed on the federal endangered list and is not listed on the state endangered list. The department may expend moneys under this program for its management and control activities only during a period of time when the wolf is not listed on the federal endangered list and is not listed on the state endangered list.
(2)
The department shall establish maximum amounts that will be paid under sub. (1m) depending on the type of animal that suffered the death or injury. If the department determines that the amount available from the appropriation under s. 20.370 (5) (fv) is insufficient in a given fiscal year for making all of these payments, the department shall make the payments on a prorated basis.
(3)
If, after making the payments under sub. (2), there are moneys remaining in the appropriation under s. 20.370 (5) (fv) for a given fiscal year, the department may use all or part of the remaining moneys in the following fiscal year for management and control of the wolf population activities conducted by the department.
(4)
If there are any moneys remaining at the end of a given fiscal year after making the payments under sub. (2) and paying for activities authorized under sub. (3), these moneys shall lapse into the conservation fund, notwithstanding s. 20.001 (3) (c).
(5)
(a)
From the sources described in par. (c), the department shall pay damage claims for damage caused by wolves during the period when the wolf is listed on the federal endangered list or on the state endangered list.
(b)
The department shall pay damage claims under par. (a) as soon as practicable after determining that the claim is eligible to be paid.
(c)
The department shall make the remainder of the payments from the appropriation accounts under s. 20.370 (1) (fb), (fe), and (fs). If the department determines that the amount available under s. 20.370 (1) (fb), (fe), and (fs) is insufficient in a given fiscal year to pay the claims under par. (a), the department may request the joint committee on finance to take action under s. 13.101. The requirement of a finding of emergency under s. 13.101 (3) (a) 1. does not apply to such a request.
History:  2011 a. 169; 2013 a. 165 s. 115; 2017 a. 59.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.89 - Venison and wild turkey processing and donation program.

29.89
Venison and wild turkey processing and donation program.
(1)
Definition. In this section, “charitable organization" means a nonprofit corporation, charitable trust or other nonprofit association that is described in section 501 (c) (3) of the Internal Revenue Code and that is exempt from taxation under section 501 (a) of the Internal Revenue Code.
(2)
Establishment of program. The department shall establish a program to reimburse counties for the costs that they incur in processing and donating venison from certain deer carcasses and in processing and donating meat from certain wild turkey carcasses.
(3)
Eligibility requirements. A county is eligible for reimbursement under this section if all of the following apply:
(a)
The county participates in the administration of both the wildlife damage abatement program and the wildlife damage claim program under s. 29.889.
(b)
The county accepts deer carcasses or wild turkey carcasses for processing.
(d)
The county pays for the costs of processing the venison or wild turkey meat.
(e)
The county shall make reasonable efforts to donate the venison or wild turkey meat as provided under sub. (4).
(4)
Donations authorized. A county may donate the processed venison or processed wild turkey meat to a food distribution service or a charitable organization. The county may require that the carcasses be field dressed before accepting them for processing.
(5)
Reimbursement; funding.
(a)
Subject to par. (c), reimbursement under this section shall equal the costs, including administrative costs, that a county incurs in processing the venison or wild turkey meat and in donating the processed venison or wild turkey meat under sub. (4).
(b)
1.
The department shall reimburse counties under this section from the appropriation under s. 20.370 (5) (fs) and (ft).
2.
The department shall reimburse counties under this section from the appropriation under s. 20.370 (5) (fq) if all of the following apply:
a.
The total amount of reimbursable costs exceeds the amount available under s. 20.370 (5) (fs) and (ft).
c.
Moneys are available under s. 20.370 (5) (fq) after first deducting from s. 20.370 (5) (fq) payments made for county administrative costs, payments made for wildlife damage abatement assistance, and wildlife damage claim payments under s. 29.889.
(c)
If the total amount of reimbursable costs under par. (a) exceeds the amount available under par. (b), the department shall establish a system to prorate the reimbursement payments among the eligible counties.
History:  1999 a. 9; 2001 a. 16; 2005 a. 25; 2015 a. 31; 2017 a. 59, 366.
2023 Wisconsin Statutes & Annotations › Chapter 29 - Wild animals and plants. › 29.924 - Investigations; searches.

29.924
Investigations; searches.
(1)
Investigations. The department and its wardens shall, upon receiving notice or information of the violation of any laws cited in s. 29.921 (1), as soon as possible make a thorough investigation and institute proceedings if the evidence warrants it.
(2)
Driving without headlights. In the performance of their law enforcement duties, wardens may operate motor vehicles owned or leased by the department upon a highway, other than an interstate, a state trunk highway or any highway within the limits of any incorporated area, during hours of darkness or during a period of limited visibility without lighted headlamps, tail lamps, or clearance lamps if the driving will aid in the accomplishment of a lawful arrest for violation of this chapter or in ascertaining whether a violation of this chapter has been or is about to be committed. Any civil action or proceeding brought against any warden operating a motor vehicle under this subsection is subject to ss. 893.82 and 895.46.
(3)
Opening packages. The department and its wardens may examine and open any package in the possession of a common carrier which they have probable cause to believe contains wild animals in violation of this chapter, or carcasses, or is falsely labeled in violation of this chapter. Each common carrier and its agent or employee shall permit the officer to examine and open the package. Any opened package shall be restored to its original condition.
(4)
Access to storage places. The owner or occupant of any cold-storage warehouse or building used for the storage or retention of wild animals, or their carcasses, that are subject to regulation under this chapter shall permit the department and its wardens to enter and examine the premises subject to s. 66.0119. The owner or occupant, or the agent or employee of the owner or occupant, shall deliver to the officer any such wild animal or carcass, in the warehouse or building, that the officer has reasonable cause to believe is possessed or was taken in violation of the law, whether taken within or without the state. The owner or occupant, or the agent or employee of the owner or occupant, shall permit the department to examine and copy any record pertaining to the storage or retention of any wild animal either when the owner, occupant, agent, or employee is present or upon 24 hours' notice.
(5)
Access to private land. The department may, after making reasonable efforts to notify the owner or occupant, enter private lands to retrieve or diagnose dead or diseased wild animals and take actions reasonably necessary to prevent the spread of contagious disease in the wild animals.
History:  1997 a. 248 ss. 103 to 107, 711; 1999 a. 83; 1999 a. 150 s. 2; 2001 a. 30, 56; 2005 a. 288; 2015 a. 165.