Chapter 29

29.364(4)(b) (b) No person may transport any migratory game bird for which open seasons are prescribed, unless the head or one fully feathered wing remains attached to each bird while being transported from the place where taken to the personal residence of the possessor or to a commercial preservation facility.

29.364(5) (5) Exemption; taxidermists. Subsections (1) to (3) do not apply to a person who has a valid taxidermist permit and who is transporting the carcass of a game bird in connection with his or her business.

29.364 History History: 1975 c. 360; 1985 a. 29; 1991 a. 316; 1997 a. 248 s. 523; Stats. 1997 s. 29.364.

subch. V of ch. 29 SUBCHAPTER V

FISHING REGULATION

Subch. V of ch. 29 Cross-reference Cross-reference: See also ch. NR 20, Wis. adm. code.

29.401 29.401 Possession of fishing equipment.

29.401(1) (1) 

29.401(1)(a) (a) No person may possess or control at any time any trammel, gill, or hoop net, or any other kind of net, nets, or fish trap that might take, catch or kill fish in the counties of: Adams, Barron, Burnett, Calumet, Chippewa, Clark, Columbia, Dane, Dodge, Dunn, Eau Claire, Florence, Fond du Lac, Forest, Green, Green Lake, Iowa, Jackson, Jefferson, Juneau, Lafayette, Langlade, Lincoln, Marathon, Marquette, Monroe, Oneida, Outagamie, Polk, Portage, Price, Richland, Rock, Rusk, Sauk, Sawyer, Shawano, Taylor, Vilas, Walworth, Washburn, Washington, Waukesha, Waupaca, Waushara, Winnebago and Wood except minnow nets and minnow traps, whitefish and cisco nets, dip nets, crab traps and turtle traps as provided in this chapter or by department order.

29.401(1)(b) (b) Nothing in this subsection prohibits the department or its agents from having in possession, using, or causing the use of, any kind of nets as provided under other sections in the statutes, or prohibits the possession or use of nets by contract fishers who are operating under the supervision of the department.

29.401(1)(c) (c) This subsection does not apply to any net or trap used to take, catch or kill farm-raised fish.

29.401(2m) (2m) The department may not promulgate or enforce a rule that prohibits persons from possessing barbed hooks while fishing for trout in inland trout waters, as defined in s. 29.2285 (1) (a), during the period beginning on January 1 and ending on the Friday immediately preceding the first Saturday in the following May.

29.401 History History: 1985 a. 332; 1991 a. 316; 1997 a. 27; 1997 a. 248 ss. 446, 447; Stats. 1997 s. 29.401; 1999 a. 178; 2005 a. 25.

29.403 29.403 Fishing tournaments.

29.403(1b) (1b) In this section, “live well” means a container designed to hold, and capable of holding, live fish on a boat.

29.403(1g) (1g) The department shall promulgate rules to establish a program to authorize and regulate fishing tournaments. The rules shall establish the scope and applicability of the program.

29.403(1m) (1m) Any person conducting a bass fishing tournament authorized by the department under this section may allow participants to fish for, and cull, both largemouth and smallmouth bass. Any participant in a bass fishing tournament shall ensure that the boat from which he or she is fishing has a functioning live well. Section 29.055 and any rule promulgated pursuant to sub. (3) (L), as they relate to bag and possession limits for bass, do not apply to culling that occurs in a bass fishing tournament authorized by the department under this section.

29.403(2) (2) The department may require a permit under the program to conduct a fishing tournament and may impose terms and conditions that apply to a specific permit. The department may issue a specific permit under terms and conditions that vary from the requirements of the rules promulgated by the department under sub. (1g).

29.403(3) (3) The rules promulgated by the department under sub. (1g) may include any of the following:

29.403(3)(a) (a) Rules governing the circumstances under which a waiver for a permit may be granted under s. 29.197.

29.403(3)(b) (b) Rules establishing training or educational requirements for persons who seek a permit under sub. (2).

29.403(3)(c) (c) Rules for controlling crowding, preventing unsafe conditions, or preventing conflicts among the users of the body of water on which fishing tournaments are held or at facilities for public access to those bodies of water, including boat ramps and parking lots.

29.403(3)(d) (d) Rules relating to the prevention of the waste of a natural resource.

29.403(3)(e) (e) Rules relating to the protection of the bodies of water of this state, fish, and other aquatic resources in those bodies of water.

29.403(3)(f) (f) Rules specifying the number of fishing tournaments that may be held on a body of water.

29.403(3)(g) (g) Rules governing the frequency with which fishing tournaments may be held and the dates on which they may be held.

29.403(3)(h) (h) Rules specifying the number of days over which fishing tournaments, or practices for fishing tournaments, may be held.

29.403(3)(i) (i) Rules governing the hours during which fishing tournaments may be held.

29.403(3)(j) (j) Rules specifying the location of the bodies of water on which fishing tournaments may be held.

29.403(3)(k) (k) Rules specifying the species of fish that may be targeted by fishing tournaments.

29.403(3)(L) (L) Rules specifying bag and size limits for fish that are caught at fishing tournaments.

29.403(3)(m) (m) Rules governing the time of year when fishing tournaments may be held.

29.403(3)(n) (n) Rules specifying the qualities that the bodies of water on which fishing tournaments may be held must have.

29.403(3)(o) (o) Rules governing the reporting of the results of fishing tournaments.

29.403(3)(p) (p) Rules specifying fees for fishing tournament permits and for training or educational programs, including rules specifying reduced fees in appropriate circumstances.

29.403(4) (4) Notwithstanding subs. (2) and (3), the department may not, under the program established under sub. (1g), allow a participant in a fishing tournament to engage in any activity in which the department would not allow an angler who is not a participant to engage at the same time on the same body of water. This subsection does not apply to participants in a bass fishing tournament authorized by the department under this section.

29.403(5) (5) 

29.403(5)(a) (a) The department shall deny an application for a fishing tournament permit or suspend or revoke a fishing tournament permit if the permit applicant or holder does any of the following:

29.403(5)(a)1. 1. Makes a material misrepresentation on a permit application.

29.403(5)(a)2. 2. Violates this section, a rule promulgated under this section, or a term or condition of a permit.

29.403(5)(a)3. 3. Violates this chapter as it relates to fishing in connection with a fishing tournament.

29.403(5)(a)4. 4. Fails to adequately supervise a fishing tournament.

29.403(5)(b) (b) If the department denies a person’s application for a fishing tournament permit or if the permit is revoked under par. (a), the department may not issue a fishing tournament permit to that person for a period of 2 years after the denial or revocation.

29.403(6) (6) Any person who participates in a fishing tournament shall comply with the terms and conditions imposed by any permit issued for that fishing tournament under sub. (2).

29.403(7) (7) This section does not apply to any fishing tournament that is conducted on a body of water where persons who are normally required to have fishing approvals are exempt from having such approvals.

29.403 History History: 2003 a. 249; 2011 a. 24.

29.403 Cross-reference Cross-reference: See also s. NR 20.40, Wis. adm. code.

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.