A licensed commercial clam sheller or a licensed clam buyer may employ or authorize a clam helper to assist him or her in activities related to commercial clam shelling or clam buying, but no clam helper may buy, barter or obtain clams from commercial clam shellers or others for resale as clams. Upon proper application, the department shall issue no more than 10 clam helper licenses with each commercial clam sheller license or with each clam buyer license. Each clam helper license shall have printed on it the number of the commercial clam sheller license or clam buyer license for which it is issued.
A natural person may be issued a clam helper license for each licensed commercial clam sheller or licensed clam buyer who employs or authorizes the natural person to engage in clam helping.
A licensed commercial clam sheller or licensed clam buyer is responsible for all acts relating to clamming performed by the clam helpers engaged in clam helping for the commercial clam sheller or clam buyer. A commercial clam sheller or clam buyer may be charged with and penalized for a violation of this section committed by the clam helper while the clam helper is engaged in clam helping for the commercial clam sheller or clam buyer.
Upon revocation of a commercial clam sheller license or clam buyer license, all clam helper licenses issued under the commercial clam sheller license or the clam buyer license shall also be revoked.
Except as provided in par. (d)
, for purposes of enforcement of this section, wardens or department employees authorized and designated by the secretary, upon presenting appropriate credentials to the licensee or agent in charge, are authorized to do all of the following:
Enter any place, building or structure, excluding a dwelling place, in which clams or clamming equipment are stored, processed, packed or held and enter any boat or vehicle being used to transport clams or clamming equipment when the licensee or agent in charge is present or upon 8 hours' notice at other times.
Inspect places, buildings, structures, boats or vehicles, all pertinent equipment used or stored in the places to be inspected and any clams stored, processed, packed or held in the places to be inspected.
No licensee, operator of a vehicle or boat for the licensee, or employee acting on behalf of the licensee may prohibit entry or prohibit an inspection from being conducted as authorized under par. (a)
The department may examine any records relating to clamming or to commercial clamming.
The department may not conduct an inspection or examine a person's records under this section if such action has been lawfully enjoined by a court order.
Possession, transportation and sale.
No person may possess or transport more than 50 pounds of clams or sell or barter any clams unless at least one of the following applies:
The person has been issued a commercial clam sheller, clam helper, clam buyer or assistant clam buyer license by the department or the person is exempt under sub. (3) (a) 3.
, and the clams are of a species open to commercial clam shelling and are of the minimum size or larger for commercial clam shelling.
The person demonstrates that the clams are being transported through the state in interstate commerce by a reasonably direct route.
The department may promulgate rules governing clamming and the clamming practices of commercial clam shellers, clam helpers, clam buyers and assistant clam buyers and other related matters, including but not limited to all of the following:
Open and closed seasons and size and possession limits for different clam species.
The methods of clamming and commercial clam shelling.
Waters and portions of waters open and closed to clamming or commercial clam shelling.
Transportation, possession, purchase, sale and barter of clams.
Issuance and duration of permits for commercial clam shellers who are exempt under sub. (3) (a) 3.
from the license requirement.
Harvest limits, allocating the harvest limits among the commercial clam shellers and criteria for allocation.
Upon request in writing by a person who is required by department rule to keep a record or submit a report, the department shall keep confidential any information on the record or report relating to the value or weight of clams bought, sold or bartered by the person or relating to the specific location where the clams were taken, killed, collected or removed, except that the information may be disclosed in statistical summaries or reports which do not identify the person by name or license number and in any enforcement action under s. 29.971 (1m)
History: 1985 a. 289
; 1987 a. 399
; 1989 a. 336
; 1993 a. 213
; 1997 a. 248
; Stats. 1997 s. 29.537.
See also ch. NR 24
, Wis. adm. code.
All illegal clamming violations are punishable by forfeiture under s. 29.99 (1m) (a) [now s. 29.971 (11m) (a)] except violations of the possession provisions of this section. State v. Ahrling, 191 Wis. 2d 398
, 528 N.W.2d 431
Sale of wild animals. 29.539(1)(a)
Except as otherwise expressly provided under this chapter, no person may sell, purchase, barter, or trade, or offer to sell, purchase, barter, or trade or have in possession or under control for the purpose of sale, barter, or trade any of the following:
Any deer, elk, squirrel, game bird, game fish, or the carcass of any such wild animal at any time.
Any bear or any carcass of a bear at any time, including any head of a bear, bear claws, or bear teeth.
Any other wild animal or its carcass during the closed season for that wild animal.
This subsection applies whether a wild animal listed under par. (a)
was lawfully or unlawfully taken within or without the state.
does not apply to any of the following:
A lawfully taken wild animal that is not listed in sub. (1) (a) 1.
for which an open season is established by rule and for which there is no bag or possession limit imposed by rule, or the carcass of such a wild animal.
A fur-bearing animal, or the carcass of a fur-bearing animal, that was lawfully taken and that has a valid registration tag attached by the department.
Liquid scent made from the carcass of a lawfully taken wild animal, other than the gallbladder of a bear.
A farm-raised deer, a farm-raised fish, fish produced in a municipal fish hatchery, a farm-raised game bird, or a wild animal that is subject to regulation under ch. 169
or the carcass of such a wild animal.
The tail or skull of any deer or elk that is lawfully taken, the antlers of any deer or elk that are lawfully taken and that are not in the velvet, and the skin of any deer or elk that is lawfully taken and that is not in the spotted coat.
The hide of any bear that is lawfully taken and that includes the claws, head, and teeth of the bear.
Any claws, head, or teeth that are part of the hide of a bear that is lawfully taken.
The tail, claws, skull, or skin of any squirrel that is lawfully taken and that is severed from the rest of the carcass.
The feathers of a lawfully taken grouse, partridge, pheasant, quail, or wild turkey.
The naturally shed feathers of a partridge, pheasant, quail, or wild turkey.
The naturally shed feathers of a grouse that is not listed as endangered or threatened under s. 29.604 (3)
and that is not a sharp-tailed grouse.
The naturally shed feathers of a sharp-tailed grouse collected from an area where there is an open season for hunting sharp-tailed grouse.
Except as provided in subs. (3)
, no fish taken by hook and line from outlying waters, except rough fish, may be sold, bartered or traded in any manner.
The eggs from trout and salmon that are not farm-raised fish and that are lawfully taken and possessed under this chapter are exempted from this section if removed from the fish as provided under sub. (3m)
The eggs from trout and salmon that are not farm-raised fish may not be sold or purchased unless the eggs are first removed from the whole fish in the presence of the buyer. The fish carcass shall be legally disposed of. Eggs that are removed in accordance with this subsection may subsequently be sold or purchased without the fish subject to any licensing requirement under s. 29.503
The sale and purchase of a species of fish specified under s. 29.506 (7m) (b)
or of the carcass of any of these fish is exempt under this section if the sale and purchase are authorized by a permit issued under s. 29.506 (7m)
Serving of game to guests. 29.541(1)(a)(a)
Except as authorized under s. 29.934 (2)
, no innkeeper, manager or steward of any restaurant, club, hotel, boarding house, tavern, logging camp or mining camp may sell, barter, serve or give, or cause to be sold, bartered, served or given, to its guests or boarders any of the following:
The meat of any deer, elk, bear, squirrel, game bird, or game fish taken from inland waters at any time.
The meat of any wild animal not listed in subd. 1.
, during the closed season for the wild animal, whether the meat is of a wild animal lawfully or unlawfully taken within or without the state.
The department may issue permits authorizing the serving of lawfully taken and possessed wild animals at any time.
The giving, offering, or affording opportunity to take free lunch in any of the places named in sub. (1)
is embraced within the prohibitions of sub. (1)
This section does not apply to the meat from farm-raised deer, farm-raised fish, or farm-raised game birds or to meat that is subject to regulation under s. 169.14
APPROVAL FEES AND EFFECTIVE PERIODS
Except as provided in sub. (3)
, if the department issues any of the following approvals, a nonrefundable processing fee, in addition to any other fee imposed under s. 29.563
, shall be collected for each approval:
If a person applies jointly for a hunter's choice deer hunting permit and a bonus deer hunting permit, the person shall pay a single processing fee. A person who applies for a bonus deer hunting permit is exempt from paying an additional processing fee if the person has already applied for a hunter's choice deer hunting permit for the same season. If the department authorizes the issuing of more than one bonus deer hunting permit to a person in a single season under s. 29.181 (2)
, the person is exempt from paying an additional processing fee for an application for the 2nd or subsequent bonus deer hunting permit.
The department may waive the processing fee for the approvals specified in sub. (1) (a)
for persons who apply for or are holders of resident conservation patron licenses and nonresident conservation patron licenses.
The department may and an agent appointed under s. 29.024 (6) (a) 2.
who issues a reprint of an approval shall collect a fee for the reprint.
History: 2015 a. 89
“In-person credit transaction costs" means the costs associated with issuing approvals that are applied for and issued in person and that are paid for by using a credit card.
“Long-distance handling costs" means the costs associated with paying for approvals that are requested by mail, telephone or electronic means and includes credit transaction fees, mailing costs and personnel costs that are necessary to process a credit transaction.
In addition to any other fee imposed under s. 29.563
, the department may collect a handling fee to cover long-distance handling costs and in-person credit transaction costs incurred in issuing approvals.