“Preexisting fish rearing facility" means a body of water that is a fish farm or part of a fish farm and that is not a self-contained body of water but that was licensed as a private fish hatchery, or as part of a private fish hatchery, under s. 29.52
, 1995 stats., on January 1, 1998 and that has been continuously used to rear fish since that date.
“Proof," when used in reference to evidence of an approval, means the original approval document issued by the department or an agent appointed under s. 29.024 (6) (a)
or any alternative form of proof designated by rule under s. 23.47 (1)
“Registered boat" means a boat having a valid certificate of number issued under s. 30.51
“Resident" means a person who has maintained his or her place of permanent abode in this state for a period of 30 days immediately preceding his or her application for an approval. Domiciliary intent is required to establish that a person is maintaining his or her place of permanent abode in this state. Mere ownership of property is not sufficient to establish domiciliary intent. Evidence of domiciliary intent includes, without limitation, the location where the person votes, pays personal income taxes or obtains a driver's license.
“Resident senior citizen" means a resident who has attained the age of 65 years.
“Rough fish" includes suckers, not listed as endangered or threatened under s. 29.604 (3)
, common carp, asian carp, goldfish, freshwater drum, burbot, bowfin, garfish, sea lamprey, alewife, gizzard shad, rainbow smelt and mooneye.
“Self-contained body of water" means a body of water that has no inlet from or outlet to a natural body of water, except that it may have pipes or similar conduits to put in or withdraw water that are equipped with barriers that prevent the passage of fish between the body of water and the other waters of the state.
“Self-contained fish rearing facility" means any of the following:
An artificial, self-contained body of water that is a fish farm or part of a fish farm.
“Sturgeon Bay" means that body of water lying south and east of a line commencing at the most northerly point of section 23, township 28 north, range 25 east, and running in a northeasterly direction to the water's edge on north line of section 13, same township and range.
“Trapping" includes the taking, or the attempting to take, of any wild animal by means of setting or operating any device that is designed or made to close upon, hold fast, or otherwise capture a wild animal. When “trap" is used as a verb, it has the same meaning as “trapping".
“Vehicle" means any device for moving persons or property or pulling implements from one place to another on land or rails or in the air.
“Wild animal" means any mammal, bird, fish, or other creature of a wild nature endowed with sensation and the power of voluntary motion.
GENERAL FISH AND GAME REGULATION
Title to wild animals. 29.011(1)(1)
The legal title to, and the custody and protection of, all wild animals within this state is vested in the state for the purposes of regulating the enjoyment, use, disposition, and conservation of these wild animals.
The legal title to a wild animal or carcass, taken or reduced to possession in violation of this chapter, remains in the state. The title to a wild animal or carcass, lawfully acquired, is subject to the condition that upon the violation of this chapter relating to the possession, use, giving, sale, barter or transportation of a wild animal or carcass by the owner, the ownership shall revert, as a result of the violation, to the state.
This section does not apply to farm-raised deer, farm-raised game birds, farm-raised fish, or wild animals that are subject to regulation under ch. 169
History: 1997 a. 248
; 2001 a. 56
Rule-making for this chapter. 29.014(1)(1)
The department shall establish and maintain open and closed seasons for fish and game and any bag limits, size limits, rest days and conditions governing the taking of fish and game that will conserve the fish and game supply and ensure the citizens of this state continued opportunities for good fishing, hunting and trapping.
If the department establishes an open season for hunting deer, elk, small game, wild turkey, or bear with a firearm, excluding any season established under s. 29.016 (3)
, the season shall also be open for hunting that animal with a crossbow and a bow and arrow.
If the department establishes an open season for hunting deer, elk, small game, wild turkey, or bear with a bow and arrow but not with a firearm, the department shall also establish an open season for hunting the respective game with a crossbow.
If the department establishes an open season for hunting or trapping any of the following animals, the department shall end the open season for each on the Sunday nearest January 6:
Wild turkey, if the open season begins in the fall.
Notwithstanding sub. (1s)
, if the department determines, based on harvest registration data for an animal in a specific area of the state, that hunters or trappers are likely to take more than the quota set for that animal for the open season in that area, the department may close the season for that animal in that area.
Notwithstanding sub. (1s)
, the department may change the end date for an open season for the hunting or trapping of any animal listed in sub. (1s) (a)
in specific areas of the state if the department determines it is necessary to promote the growth or control the population of that animal in that area.
All of the rules promulgated under this chapter are prima facie reasonable and lawful until found to be otherwise in a final determination by a court.
Any reference to this chapter includes any rules promulgated under this chapter and any reference to any provision of this chapter includes any rules promulgated under that provision.
Any rule of the department is subject to review in the manner provided in ch. 227
, except that if the rule affects only the county in which the appellant resides, the appeal shall be to the circuit court of that county.
No person may challenge the validity of a rule promulgated under this chapter in any prosecution of that person for a violation of this chapter or rules promulgated under this chapter unless the person has previously brought a separate action under s. 227.40
seeking a declaratory judgment on the validity of the rule.
See also chs. NR 10
, Wis. adm. code.
The Department of Natural Resources has express authority under sub. (1) to adopt a rule allowing an open hunting season for mourning doves. The legislature has granted broad authority to the department to set open and closed seasons for game under sub. (1). Mourning doves fall within the definition of game applicable to this section, although the doves also fall within the definition of nongame species applicable to s. 29.039. Wisconsin Citizens Concerned for Cranes & Doves v. DNR, 2004 WI 40
, 270 Wis. 2d 318
, 677 N.W.2d 612
Department authority; deer hunting seasons and license restrictions. 29.016(1)(1)
The department may not do any of the following:
Require a person who holds a license that authorizes the hunting of deer to take an antlerless deer before the person may take the person's first antlered deer under that license.
Except as provided in subs. (2)
, establish a fall open season for hunting deer with firearms that begins before the Saturday immediately preceding the 4th Thursday in November.
Subsection (1) (b)
does not prohibit the department from promulgating a rule that establishes a fall open season for hunting deer with firearms that begins before the Saturday immediately preceding the 4th Thursday in November if any of the following applies:
The department limits the open season to hunting deer by any of the following persons:
The department establishes the fall open season because a fall open season is necessary to control the spread of chronic wasting disease or other disease in deer and if all of the following apply:
The rule authorizes the hunting of only antlerless deer.
The rule provides for a closing date for the fall open season that is on or before October 15.
The rule provides that the rule does not apply beginning 270 days after the effective date of the rule.
The department may establish a fall open season for hunting deer within the Apostle Islands National Lakeshore that begins before the Saturday immediately preceding the 4th Thursday in November if the season is open for hunting deer only with muzzle-loading firearms.
History: 2011 a. 50
; 2017 a. 298
Deer management assistance program. 29.020(1)(1)
The department shall establish a deer management assistance program. Under this program, the department shall provide deer management assistance to participating landowners. The department shall also provide a method for collecting information from participating landowners about deer health and the deer population in this state and for receiving suggestions from participating landowners about managing the deer population. The department shall analyze the information received and use it to improve deer health and manage the deer population in this state. The department shall promulgate rules to implement this program.
The department may establish fees for participation in the deer management assistance program. The department shall credit all fees to the appropriation under s. 20.370 (1) (Lv)
History: 2013 a. 20
Approvals; forms; issuing agents. 29.024(1)(1)
Except as specifically provided in this chapter, ch. 169
, or s. 95.55 (5)
, no person may hunt or trap in this state, fish in the waters of this state or engage in any of the activities regulated under this chapter unless the appropriate approval is issued to the person. A person shall carry proof of the required approval with him or her at all times while hunting, trapping, or fishing or engaged in regulated activities unless otherwise required by this chapter or unless otherwise authorized or required by the department. A person shall exhibit this proof to the department or its wardens on demand.
Conditions and restrictions on approvals. 29.024(2)(a)
Except as provided in s. 29.182 (4)
, a hunting, trapping, or fishing approval may be issued only to and obtained only by a natural person entitled to the approval.
Except as provided under s. 29.194 (1)
, a resident hunting, trapping or fishing approval may be issued only to a person who presents to the issuing agent or the department definite proof of his or her identity and that he or she is a resident.
No more than one of the same series of approval may be issued to the same person for the same hunting or fishing season in any year except as authorized by the department.
No person while hunting, trapping or fishing may use or carry any approval issued to another person, except that a person who accompanies and is assisting a disabled person may carry the disabled person's approval.
Except as provided under subd. 2.
and as authorized by rules promulgated under sub. (5) (a) 2.
, no person may obtain a hunting, trapping or fishing approval for another person.
A person who assists a disabled person may obtain an approval for a disabled person.
No approval authorizing hunting, trapping, fishing or any other activity regulated by this chapter may be issued to any person who is prohibited from obtaining this type of an approval under this chapter.
Denial and revocation of approvals based on child support delinquency. 29.024(2g)(a)
Social security numbers required.
Except as provided in par. (am)
, the department shall require an applicant who is an individual to provide his or her social security number as a condition of applying for, or applying to renew, any of the following approvals:
Social security numbers exceptions.
If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for, or applying to renew, an approval specified in par. (a) 1.
, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of children and families. An approval issued by the department of natural resources in reliance on a false statement submitted by an applicant under this paragraph is invalid.
For purposes of this subsection, an application for a duplicate of an approval specified in par. (a)
shall be considered an application for the issuance of the approval.
Disclosure of social security numbers.
The department of natural resources may not disclose any social security numbers received under par. (a)
to any person except to the department of children and families for the sole purpose of administering s. 49.22
As provided in the memorandum of understanding required under s. 49.857 (2)
, the department shall deny an application to issue or renew, suspend if already issued or otherwise withhold or restrict an approval specified in par. (a) 1.
if the applicant for or the holder of the approval is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or if the applicant or holder fails to comply with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5)
and relating to paternity or child support proceedings.
As provided in the memorandum of understanding required under s. 49.857 (2)
, the department shall deny an application to issue or renew an approval specified in par. (a) 1.
if the applicant for or the holder of the approval fails to provide his or her social security number as required under par. (a)
, unless the applicant is an individual who does not have a social security number and who submits a statement made or subscribed under oath or affirmation as required under par. (am)
Alternative to providing social security numbers.
If the federal government allows a method under the system under s. 49.857 (2)
for purposes of administering this subsection that does not require the use of social security numbers of individuals applying for or holding approvals, other than the method under par. (am)
for submitting a statement made or subscribed under oath or affirmation that the individual does not have a social security number, the department shall request that the legislative reference bureau prepare legislation that allows compliance with that method and that eliminates the requirement that individuals provide their social security numbers under the system. The secretary shall submit the proposed legislation to the standing committee of each house of the legislature that has jurisdiction over fish and wildlife matters under s. 13.172 (3)