29.705 Propagation of fish; removal of fish.

(1) Transplantation of fish. The department may take or authorize to be taken fish at any time of the year from any waters of the state for stocking other waters or for the purpose of securing eggs for propagation. These fish or eggs may be taken only under a permit issued by the department and only in the presence of an employee or agent of the department. The permit shall specify the kinds of fish that may be taken and the manner in which they may be taken.

(2) Furnishing fish; access to stocked waters.

(a) The department may not furnish fish or fish eggs from state hatcheries to private ponds, private clubs, corporations, or preserves unless the private pond, private club, corporation, or preserve is located in this state and has entered into an agreement with the department and the fish or the fish grown from the fish eggs will ultimately be stocked, into waters of the state where the general public is allowed, according to any applicable permits and certificates, and, if the private pond, private club, corporation, or preserve is a fish farm, the fish farm is registered with the department of agriculture, trade and consumer protection. If the private pond, private club, corporation, or preserve creates more fish from fish eggs provided under this paragraph than are required under its agreement with the department, the excess fish are not required to ultimately be stocked into waters of the state where the general public is allowed.

(b) The department may not plant fish from state hatcheries in waters where the general public is not allowed the rights and privileges enjoyed by any individual.

(3) Delivery of fish eggs. Any person fishing in any waters of this state shall deliver, on demand, to the department or its agent any fish for the purpose of being stripped of their eggs and milt. The department or its agent shall, immediately after having stripped the fish, return them to the person from whom received. The department or its agent may enter any boats, docks, grounds or other places where the fish may be, for the purpose of stripping them while alive, and the person possessing the fish shall render any assistance that may be necessary to expedite the work of mixing the eggs and milt for proper impregnation.

(4) Destruction of fish eggs or fish.

(a) The department may seize or destroy, or both, any fish, or any fish eggs, found to be infected with any disease organisms as are designated by the department.

(b) Paragraph (a) does not authorize the department of natural resources to remove fish or fish eggs from a self-contained fish rearing facility or from a preexisting fish rearing facility that is an artificial body of water unless the department of agriculture, trade and consumer protection has requested that the department of natural resources remove the fish or fish eggs to address a problem affecting fish health.

(5) Removal of fish eggs or fish from state. No person may remove any fish eggs or live fish from this state except as authorized by law or pursuant to a permit issued by the department. This subsection does not apply to farm-raised fish or eggs from farm-raised fish.

(6) Fishing for propagation purposes. For the purposes of catching wild fish from the public waters for purposes of artificial propagation or for introduction, stocking or planting in fish farms, no person may take or have possession or control of any kind of fish unless par. (a) or (b) applies:

(a) The person has the approvals required under this chapter to take, possess or control that kind of fish.

(b) The person has been otherwise authorized by the department to take, possess or control that kind of fish.

History: 1997 a. 248 ss. 557, 563 to 570, 700; 2017 a. 21.