Sources: Wisconsin Statutes Annotated, 1989, Chapters 15, 23, 25, 29 and 71; 1992 Cumulative Annual Pocket Part 1992.
STATE WILDLIFE POLICY
The legal title to, and custody and protection of, all wild animals is vested in the state for regulating enjoyment, use, disposition, and conservation. The legal title to any wild animal, carcass or part, taken or possessed in violation of this chapter, remains in the state; and the title to any wild animal, or carcass or part, lawfully acquired, upon violation in possession, use, giving, sale, barter or transportation shall revert to the state. In either case, any such wild animal, carcass or part may be seized by the Department of Natural Resources or its wardens. This does not permit seizure of nor prohibit possession or sale of lawfully obtained wild birds and animals which are mounted for a private collection, nor permit seizure, or prohibit the possession or sale, of commercially raised deer. Department agents, after making reasonable efforts to notify the owner or occupant, may enter private lands to retrieve, diagnose or determine if there are dead or diseased wild animals upon such lands, and take actions to prevent the spread of contagious disease (29.02).
PROTECTED SPECIES OF WILDLIFE
The Department may conduct investigations of nongame species to develop scientific information for population, distribution, habitat needs and other biological data to determine conservation measures. On the basis of these determinations, the Department may promulgate rules and develop conservation programs to ensure the ability of nongame species to perpetuate themselves. The rules may require harvest information and establish limitations for taking, possession, transportation, processing and sale or offer for sale, to conserve nongame species. No rules promulgated or programs developed may impede, hinder or prohibit the utilization of lands for construction, operation or maintenance of authorized or permitted utility facilities (29.175).
A person who takes, catches, kills or impedes the progress of a homing pigeon shall forfeit not more than $50 (29.256). No person may possess or control a game bird, animal or carcass without a hunting, sports, conservation, taxidermist or scientific collector permit or license and carrying it. No person may take, destroy or possess the nest or eggs of a wild bird for which a closed season is prescribed without a scientific collector permit. This does not prohibit possession or sale of lawfully obtained wild birds and animals mounted or being mounted for a private collection, nor prohibit possession or sale of commercially raised deer under 92.25 kept in compliance with this chapter (29.42).
The legislature finds that certain wild animals and plants are endangered or threatened and are entitled to preservation and protection. The Federal Endangered Species Act and the Lacey Act together provide for protection of wild animals and plants threatened with worldwide extinction by prohibiting their importation and by restricting and regulating interstate and foreign commerce in wild animals and plants taken in violation of state, federal and foreign laws. The states must also assume responsibility for conserving these wild animals and plants and restricting the taking, possession, transportation, processing or sale of endangered or threatened wild animals and plants within their jurisdictions to assure their continued survival and propagation for the aesthetic, recreational and scientific purposes of future generations. The legislature finds that by eliminating taking, possession or marketing of endangered species and by establishing a program for conservation and restoration of these endangered or threatened species, their potential for continued existence will be strengthened, and further finds that activities of both persons and governmental agencies are tending to destroy the few remaining whole plant-animal communities in this state. Since these communities represent the only standard against which the effects of change can be measured, their preservation is of highest importance, and the legislature urges all persons and agencies to consider fully all decisions in this light (29.415).
The Department shall by rule establish an endangered and threatened species list consisting of wild animals and plants on the US list of endangered and threatened foreign species, native species and a list of Wisconsin endangered species. Wisconsin endangered species shall be compiled by issuing a proposed list of species approaching state-wide extirpation; that of threatened species by issuing a proposed list of species which appear likely, within the foreseeable future, to become endangered. Issuance of the proposed lists shall be followed by solicitation of comments and public hearing. Wild animals and plants shall be deemed approaching state-wide extirpation if the Department determines, based upon the best scientific and commercial data available to it, after consultation with other state game directors, federal agencies and interested persons and organizations, that the continued existence of such wild animals and plants is in jeopardy. The Department shall periodically review and after public hearing, may revise its lists, maintaining a summary report of the scientific data used to support all amendments to the lists. Upon the petition of three persons, the Department may review a listed or unlisted wild animal or plant if the persons present scientific evidence to warrant such review, after which it may by hearing and rule amend the state-wide list (29.415).
Except as otherwise permitted, no person may take, transport, possess, process or sell within this state a wild animal on the Department's endangered and threatened species list (plant prohibitions are not included here). Violation: $500-2,000 fine, and the court shall order revocation of all hunting approvals for one year. Intentional violation: $2,000-5,000 fine, or jail up to 9 months, or both, and the court shall order the revocation of all hunting licenses for three years. A Department officer or police officer shall have authority to execute a warrant to search for and seize goods, records, merchandise or wild animal taken, used or possessed in violation and may arrest a person with probable cause. An officer or agent who has arrested a person in connection with a violation may search the person or business records at the time of arrest and seize wild animals or property taken, used or employed in connection with a violation. Goods, merchandise, wild animals or records seized shall be held pending disposition of court proceedings and then forfeited for destruction or disposition. The Department may direct the transfer of wild animals seized to a qualified zoological or scientific institution or qualified private propagator for safekeeping, with costs assessable to the defendant (29.415).
The Department shall permit the taking, exportation, transportation or possession of a wild animal on the endangered/threatened lists for zoological, educational or scientific purposes, for propagation in captivity or for preservation purposes, unless prohibited by a federal law or other state law. An endangered species which enters the state from another state or country to be transported within or beyond the state may enter without restriction in accordance with a federal or state permit. Possession, sale or transportation within this state of any endangered species on the US list of endangered and threatened foreign species shall not require a state permit. The Department shall conduct research and shall implement programs directed at conserving, protecting, restoring and propagating selected state-endangered and threatened species to the maximum extent practicable, and may enter into agreements with federal and other state agencies or private persons with respect to programs designed to conserve such species. Agreements with private persons may include providing for the movement of an endangered or threatened species to another appropriate habitat, preferably to one on state- controlled land. These provisions do not apply to zoological societies, municipal zoos or their employees (29.415).
No person may possess live game or a fur-bearing animal unless authorized for game farms, deer farms, parks, fur farms or other excepted activities as specified [definitions of "control," "removal," "restraint," "possession" are given]. The governing body of a county, city or town may by ordinance prohibit a person from possessing or selling live game animal or a fur- bearing animal. No person may sell live game animal or a fur-bearing animal unless authorized under listed provisions and unless the purchaser is authorized and presents evidence to the seller. A person who sells live game animal or a fur-bearing animal shall keep a record of each sale, to be open to Department inspection. A person who hunts or traps a game animal or a fur-bearing animal shall kill the animal when it is taken and make it part of the daily bag limit or shall release the animal unless licensed for a commercial operation. Violation: fine of $100-1,000 (29.425). (See also Import, Export, and Release Provisions and Commercial and Private Enterprise Provisions under HUNTING, FISHING, TRAPPING PROVISIONS.)
See RELEVANT WILDLIFE DEFINITIONS and NATIVE AMERICAN WILDLIFE PROVISIONS.
HABITAT PROTECTION
The owner(s) of any tract, or contiguous tracts, of land not less than 160 acres located outside the limits of a city or village, may apply to the Department for its establishment as a wildlife refuge. If, upon investigation or hearing it appears to the Department that the establishment of such lands as a wildlife refuge will promote the conservation of one or more useful species or varieties native within the state, it may by order designate the lands as a wildlife refuge, and see that the landowners post same. After 30 days notice, the order becomes effective, and thereafter such lands shall be a wildlife refuge and shall so remain for not less than five years. Except as provided in 29.56, no owner of lands embraced within the wildlife refuge, and no other person may hunt or trap within its boundaries or possess or control a gun or rifle unless unloaded and cased as specified, but deer may be hunted in those state parks or portions as designated by the Department. Nothing herein shall prevent or interfere with the Department, wardens or agents in the destruction of injurious animals. The Department may place within any such wildlife refuge, for propagation, wild animals of any species or variety (29.57).
The Department may acquire, lease, develop and maintain public hunting and fishing grounds and may agree to pay damages arising from their operation (29.555). A city, town or village, upon direction and supervision of the Department, may appropriate money for and acquire, lease or contract for a land, pond, lake or slough for a fish hatchery, and erect a fish hatchery for hatching, propagating and fishing for game fish. Application procedures must be followed and the Department shall regulate stocking, maintaining and fishing (29.536). Except as provided, no person may hunt or trap on land located in state parks or state fish hatcheries, nor possess a firearm on such lands unless unloaded and in a carrying case. A person may hunt deer or wild turkeys in a state park designated by rule for that type of hunting with the proper licenses (29.557).
The Department shall establish an animal wildlife exhibit where wild animals, allowed to roam at will, may be viewed by the public without charge on state owned lands over which the Department has jurisdiction, or upon lands donated to the state for the purpose. The boundary of the area shall be marked at intervals of not over 500 feet, with the words "Wisconsin Wildlife Exhibit Area." The Department shall provide for housing the caretaker and the sheltering, nursing and caring for orphaned wild animals, and may accept private donations of animals, which shall be sheltered and cared for until old enough to release, but by providing food and shelter, efforts shall be made to induce the animals to return to the area year after year. The Department shall employ a caretaker with long experience with wild animals, preferably a retired game warden, to manage the exhibit. No person at any time or in any manner shall hunt or trap within the boundaries, nor possess any gun or rifle unless unloaded and enclosed in a carrying case. The Department may promulgate rules for effective accomplishment of these purposes including the exhibition season (29.565).
See Agency Powers and Duties under STATE FISH AND WILDLIFE PROVISIONS and HUNTING, FISHING, TRAPPING PROVISIONS.
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New Mexico Center for Wildlife Law
University of New Mexico School of Law
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(505) 277-5006
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