Chapter 29

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.

29.407(5)(a) (a) This section does not apply to a person who has a valid taxidermist permit and who is transporting fish in connection with the person’s business.

29.407(5)(b) (b) This section does not apply to the transportation, delivery, receipt or shipping of farm-raised fish or fish produced in a municipal fish hatchery.

29.407 History History: 1971 c. 266; 1985 a. 29; 1987 a. 49; 1989 a. 56; 1991 a. 316; 1997 a. 27; 1997 a. 248 ss. 524 to 537; Stats. 1997 s. 29.407; 2005 a. 288; 2013 a. 20; 2023 a. 112.

29.411 29.411 Cooperation during a fish census. A person who is fishing shall cooperate with an employee of the department when the employee is involved in taking a fish census. Section 29.971 does not apply to this section.

29.411 History History: 1997 a. 248 s. 573.

29.414 29.414 Erection of barriers to exclude rough fish. The department may erect and maintain or authorize erection and maintenance of a screen or similar barrier in any navigable stream for the purpose of preventing rough fish or other undesirable fish from invading any part of the stream, if the screen or barrier does not unreasonably interfere with navigation.

29.414 History History: 1997 a. 248 s. 571.

29.417 29.417 Permit to take rough fish.

29.417(1) (1) Permission may be granted to any person by the department upon terms and conditions required by the department to take rough fish in the following bays or harbors in Door County: Sturgeon Bay, Little Sturgeon Bay, Riley’s Bay, Egg Harbor, Fish Creek Harbor, Eagle Harbor, Bailey’s Harbor, Mud Bay, North Bay, Rowley’s Bay, and Washington Harbor, Jackson Harbor and Detroit Harbor in Washington Island.

29.417(2) (2) A person having a contract to take rough fish under s. 29.421 or this section may be authorized by the department to erect and maintain a temporary pond in any navigable water pending the sale of the fish, provided that the pond does not unreasonably interfere with navigation or other public rights in the water.

29.417(3) (3) Bays and harbors listed in this section shall have the following description:

29.417(3)(a) (a) That body of water known as Jackson Harbor lying south and west of a line commencing at the most northerly point in section 27, township 34 north, range 30 east, and running in a straight line northwesterly to the most easterly point in the northeast quarter of section 28, same township and range.

29.417(3)(b) (b) That body of water known as Bailey’s Harbor lying north of a line commencing at the most southerly point in section 21, township 30 north, range 28 east, and running in a straight line westerly to the south line of section 20, same township and range.

29.417(3)(c) (c) That body of water known as Washington Harbor lying south of a line commencing at the water’s edge on the north line of section 26, township 34 north, range 29 east, and running in a straight line easterly to the water’s edge on the north line of section 25, same township and range.

29.417(3)(d) (d) That body of water known as Eagle Harbor lying south and east of a line drawn from the most northeast point in section 9, township 31 north, range 27 east, easterly to the water’s edge on the north line of section 12, same township and range.

29.417(3)(e) (e) That body of water known as Egg Harbor lying south of a line commencing at the most northeast point in section 26, township 30 north, range 26 east, and running in a straight line east to the north line of section 25, same township and range.

29.417(3)(f) (f) That body of water known as North Bay lying north of a line commencing at the most northeast point in section 35, township 31 north, range 28 east, and running in a straight line to the west line of section 25, same township and range.

29.417(3)(g) (g) That body of water known as Fish Creek Harbor lying south and east of a line commencing at the most northerly point in the southwest quarter of section 29, township 31 north, range 27 east, and running northeasterly in a straight line to the water’s edge on north line of said section, township and range.

29.417(3)(h) (h) That body of water known as Detroit Harbor lying north of a line commencing at the most southerly point in section 14, township 33 north, range 29 east, and running in a straight line to the most southerly point in section 18, township 33 north, range 30 east.

29.417(3)(i) (i) That body of water known as Little Sturgeon Bay lying south of a line commencing at the most northeast point in section 35, township 28 north, range 24 east, and running in a northeasterly direction to the most northerly point in section 36, same township and range.

29.417(3)(j) (j) That body of water known as Rowley’s Bay lying north of a line commencing at the water’s edge on south line of section 26, township 32 north, range 28 east, and running east to the most southerly point in section 32, same township and range.

29.417(3)(k) (k) That body of water known as Riley’s Bay lying south of a line commencing at the most northerly point in section 36, township 28 north, range 24 east, and running in a northeasterly direction to the most northerly point in section 30, township 28 north, range 25 east.

29.417 History History: 1981 c. 390 s. 252; 1997 a. 248 ss. 81, 83, 85, 681; Stats. 1997 s. 29.417.

29.417 Cross-reference Cross-reference: See also s. NR 20.38, Wis. adm. code.

29.421 29.421 Removal of rough fish. The department may take rough fish by means of seines, nets or other devices, or cause rough fish to be taken, from any of the waters of this state, other than waters in a self-contained fish rearing facility or in a preexisting fish rearing facility that is an artificial body of water. Whenever the department takes rough fish under this section it shall dispose of the fish in any manner that it determines to be appropriate.

29.421 History History: 1971 c. 266; 1977 c. 418; 1997 a. 27, 237; 1997 a. 248 ss. 676, 677; Stats. 1997 s. 29.421; 1999 a. 32.