29.611 Wild ginseng.
(1) Definitions. In this section:
(a) “Dealer" means a person who purchases for purposes of resale at least 8 ounces of wild ginseng in a license year.
(am) “License year" means the period beginning on July 1 of a given year and ending on the following June 30.
(b) “Wild ginseng" means an unprocessed plant, dry root or live root of the species Panax quinquefolius that is not grown or nurtured by a person.
(2) Cutting. No person may, between November 1 and the following September 1, cut, root up, gather or destroy wild ginseng.
(3) Evidence. The purchase or sale of wild green ginseng between November 1 and the following September 1 is prima facie evidence of a violation of this section.
(4) Purchase with knowledge. No person may purchase wild ginseng if the person knows the ginseng was cut, rooted up or gathered between November 1 and the following September 1. No dealer may purchase wild ginseng if any of the following applies:
(a) The dealer fails to inspect the vendor's wild ginseng harvest license or wild ginseng dealer license.
(b) The dealer knows that the vendor has violated this section.
(5) Evidence. In any prosecution under this section proof that any wild ginseng which was purchased had been illegally obtained by the vendor is prima facie evidence of a violation of this section by the purchaser.
(6) Wild ginseng harvest license.
(a) Requirement. No person may cut, root up, gather or destroy wild ginseng unless the person has a valid wild ginseng harvest license issued by the department. The department shall promulgate rules for issuing wild ginseng harvest licenses. The department may promulgate rules on the quantity of wild ginseng that each person may harvest and restrictions on areas where wild ginseng may be harvested and on the methods which may be used to harvest wild ginseng.
(b) Exception. Paragraph (a) does not apply to a person who cuts, roots up, gathers or destroys wild ginseng growing on the person's own land if the ginseng is not sold.
(7) Wild ginseng dealer licenses.
(a) License required. No resident may act as a dealer in this state unless he or she has one of the following valid wild ginseng dealer licenses issued by the department:
1. A class A resident wild ginseng dealer license authorizes the purchase for purposes of resale of not more than 100 pounds dry weight of wild ginseng in a license year.
2. A class B resident wild ginseng dealer license authorizes the purchase for purposes of resale of not more than 1,000 pounds dry weight of wild ginseng in a license year.
3. A class C resident wild ginseng dealer license authorizes the purchase for purposes of resale of any amount of wild ginseng in a license year.
(b) Nonresident wild ginseng dealer license. A person who is not a resident may not act as a dealer in this state unless he or she has a valid nonresident wild ginseng dealer license issued by the department.
(c) Rules. The department may establish by rule the procedure for issuing wild ginseng dealer licenses.
(8) Shipment and certification of origin of wild ginseng.
(a) Wild ginseng originating in this state. No person may ship out of this state wild ginseng that originates in this state unless the wild ginseng is accompanied by a valid certificate of origin issued under this subsection.
(bn) Wild ginseng originating in another state.
1. No person may ship out of this state to a foreign country wild ginseng that originates in another state unless the wild ginseng is accompanied by a valid certificate of origin issued by that other state. No person may ship out of this state wild ginseng that originates in another state under a certificate of origin issued under this subsection.
2. No resident may purchase for purposes of resale wild ginseng that originates in another state unless the wild ginseng is accompanied by a valid certificate of origin from the other state.
3. If a dealer who is a resident receives wild ginseng that originated in another state and if a certificate of origin issued by that state does not accompany the wild ginseng, the dealer shall return the wild ginseng to the sender within 30 days after its receipt.
(c) Issuance of certificates. The department shall promulgate a rule establishing the procedure for issuing certificates of origin. The department may issue certificates of origin only to a person who has a valid wild ginseng harvest license or a valid wild ginseng dealer license.
(d) Effective period; cancellations; return. Unless canceled, a certificate of origin is valid for the period indicated on the certificate's face. The department may cancel a certificate of origin at any time.
(e) Validity. A certificate of origin is valid only if it has not expired or been canceled by the department, is fully completed and contains no false information. A certificate of origin issued under this subsection is valid only for wild ginseng originating in this state.
(f) Prohibitions. No person may use an expired or canceled certificate of origin, falsify information on a certificate of origin, maintain false records of certificates of origin or fail to maintain records or comply with rules promulgated by the department concerning certificates of origin.
(9) Records; reports; inspections.
(a) Purchases. A dealer shall maintain records of the quantity purchased, the name and wild ginseng license number of the vendor and other information required by the department.
(b) Sales and shipments. A dealer shall maintain records required under this section and shall keep records and reports of sales, shipments and transactions as required by the department.
(c) Records; retention. A dealer shall retain records required under this section for 3 years after the date of the transaction recorded.
(d) Submission of records. A dealer shall submit records required under this section or legible copies of those records to the department within 10 days after the department requests submission of those records by mailing a request to the dealer at the address listed on the wild ginseng dealer license application.
(e) Reports. A dealer shall submit reports required by the department under this section upon request.
(f) Inspections. Upon request, a dealer shall make all records required under this section and all of the inventory of wild ginseng under the dealer's control available to the department for inspection.
(g) Confidentiality.
1. Notwithstanding s. 19.21, wild ginseng harvest license and wild ginseng dealer license records, records required under sub. (7) or this subsection and reports required under this subsection which relate to transactions in ginseng dry root are not public records and shall not be released or used by the department for any purpose except investigation and enforcement of this section.
2. All records and reports which relate to transactions in wild ginseng live root and seed shall be open to public inspection under subch. II of ch. 19.
(10) Suspension; revocation.
(a) Suspension. The department may suspend the wild ginseng harvest license or the wild ginseng dealer license of a person who violates this section subject to a subsequent right to a hearing before the department. In order to obtain a hearing, a person is required to file a request with the department within 30 days after receipt of the notice of suspension. The filing of a request for a hearing does not stay the suspension pending the hearing.
(b) Revocation. The department may revoke the wild ginseng harvest license or the wild ginseng dealer license of a person who violates this section and may refuse to issue any new license under this section for a period of not more than 3 years. The department shall revoke the wild ginseng harvest license or wild ginseng dealer license of a person who violates this section within 3 years after his or her license was revoked or suspended for a previous violation and shall refuse to issue any new license under this section for a period of not less than one year nor more than 3 years.
(11) Penalty. A person who violates this section shall forfeit not more than $500. A person who violates this section within 3 years after conviction for a previous violation of this section shall forfeit not more than $1,000.
History: 1975 c. 394 s. 15; 1975 c. 421; Stats. 1975 s. 29.547; 1979 c. 157; 1983 a. 27; 1985 a. 29; 1985 a. 332 s. 251 (1); 1987 a. 27; 1989 a. 359; 1995 a. 27; 1997 a. 248 s. 595; Stats. 1997 s. 29.611.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 29 - Wild animals and plants.
29.011 - Title to wild animals.
29.014 - Rule-making for this chapter.
29.016 - Department authority; deer hunting seasons and license restrictions.
29.020 - Deer management assistance program.
29.024 - Approvals; forms; issuing agents.
29.03 - Wildlife violator compact.
29.035 - Report of department.
29.036 - Sporting heritage council.
29.037 - Fish and wildlife restoration.
29.038 - Local regulation of wild animals.
29.040 - Deer management report rules.
29.041 - Department to regulate hunting and fishing in interstate waters.
29.042 - Agreements to retire licenses.
29.045 - Interstate license privileges.
29.047 - Interstate transportation of game.
29.053 - Specific open and closed seasons.
29.055 - Wild animals; possession in closed season or in excess of bag limit.
29.057 - Wild animals; possession in open season.
29.063 - Management of chronic wasting disease.
29.071 - Wildlife on Indian reservations protected.
29.075 - Hunting, trapping and fishing by American Indians.
29.079 - Deer hunting by practitioners of Ho-Chunk religion.
29.083 - Interference with hunting, fishing or trapping.
29.084 - Incentives for recruitment.
29.088 - Use of poison and explosives; pole traps.
29.089 - Hunting, fishing, and trapping on land in state parks and state fish hatcheries.
29.091 - Hunting or trapping in wildlife refuge.
29.095 - Hunting on land in a school forest.
29.161 - Resident small game hunting license.
29.164 - Wild turkey hunting approvals.
29.171 - Resident archer hunting license.
29.172 - Resident crossbow hunting license.
29.173 - Resident deer hunting license.
29.177 - Special deer hunting permits.
29.179 - Transfer of approvals to minors and disabled persons.
29.180 - Transfers of approvals upon death.
29.181 - Bonus deer hunting permits.
29.182 - Elk hunting licenses.
29.183 - Deferral of certain approvals.
29.185 - Wolf harvesting licenses.
29.192 - Regulation of takings of certain wild animals.
29.193 - Approvals for disabled persons.
29.194 - Resident approvals for certain nonresidents and members of the armed forces.
29.1945 - Approvals for veterans and military members.
29.195 - Disabled veterans, Great Lakes Naval Hospital.
29.197 - Waivers of certain approvals.
29.199 - Authorizations for certain patients and institutionalized persons to fish.
29.201 - Waiver of fishing license requirement for groups of disabled persons.
29.204 - Nonresident annual small game hunting license.
29.207 - Nonresident 5-day small game hunting license.
29.211 - Nonresident deer hunting license.
29.213 - Nonresident fur-bearing animal hunting license.
29.216 - Nonresident archer hunting license.
29.217 - Nonresident crossbow hunting license.
29.219 - Resident fishing licenses.
29.228 - Nonresident fishing licenses.
29.2285 - Fishing stamps and tags.
29.229 - Fishing approvals issued by the Lac du Flambeau band.
29.2295 - Department approvals issued on the Lac du Flambeau reservation.
29.2297 - Federal approvals for hunting, trapping, and fishing.
29.235 - Conservation patron license.
29.236 - Annual disabled veteran recreation card.
29.237 - Sturgeon spearing license.
29.301 - General restrictions on hunting.
29.304 - Restrictions on hunting and use of firearms by persons under 16 years of age.
29.307 - Hunting with aid of aircraft prohibited.
29.311 - Shotshell restrictions.
29.312 - Rules regulating the sighting of a firearm.
29.317 - Taking homing pigeons.
29.322 - Taking certain wounded animals.
29.327 - Regulation of waterfowl blinds.
29.334 - Hunting and trapping; treatment of wild animals.
29.335 - Feeding wild animals for nonhunting purposes.
29.337 - Hunting and trapping by landowners and occupants.
29.341 - Duties on accidental shooting.
29.345 - Hunting, fishing or trapping accident; failure to report.
29.346 - Registration information.
29.347 - Possession of deer and elk; heads and skins.
29.349 - Animals killed by motor vehicles.
29.351 - Skins of fur-bearing animals.
29.354 - Possession of game birds and animals.
29.357 - Transportation; general provisions.
29.361 - Transportation of deer or elk.
29.364 - Transportation of game birds.
29.401 - Possession of fishing equipment.
29.404 - Fishing shanties on ice, regulation.
29.405 - Fishing with bow and arrow or crossbow.
29.407 - Transportation of fish.
29.411 - Cooperation during a fish census.
29.414 - Erection of barriers to exclude rough fish.
29.417 - Permit to take rough fish.
29.421 - Removal of rough fish.
29.424 - Control of detrimental fish.
29.501 - Fur dealers regulated.
29.503 - Wholesale fish dealer license.
29.514 - Outlying water sport trolling licenses.
29.516 - Fishing with nets and setlines.
29.519 - Commercial fishing in outlying waters.
29.522 - Description of nets; use of.
29.523 - Net licenses, Mississippi and St. Croix rivers.
29.526 - Slat net fishing in the Mississippi River.
29.529 - Trammel net fishing in the Mississippi River.
29.531 - Set or bank pole licenses.
29.533 - Setline licenses; inland waters.
29.535 - Shovelnose sturgeon permit.
29.537 - Clams, clamming and commercial clamming.
29.539 - Sale of wild animals.
29.541 - Serving of game to guests.
29.564 - Voluntary contributions; invasive species grants.
29.565 - Voluntary contributions; venison and wild turkey processing and donation program.
29.566 - Collection, retention, and deposit of fees.
29.567 - Voluntary contributions; elk research.
29.591 - Hunter education program and bow hunter education program.
29.592 - Hunting mentorship program.
29.593 - Requirement for certificate of accomplishment to obtain hunting approval.
29.595 - Elk hunter education program.
29.597 - Trapper education program.
29.598 - Outdoors skills training.
29.604 - Endangered and threatened species protected.
29.614 - Scientific collector permit.
29.617 - Public hunting and fishing grounds.
29.624 - Senior citizen recreation card.
29.627 - Domestic fur-bearing animal farms.
29.630 - Raffling lake sturgeon from state fish hatcheries.
29.701 - Propagation of fish; protected wild animals.
29.705 - Propagation of fish; removal of fish.
29.707 - Propagation of fish; department rules.
29.709 - State fish hatcheries.
29.713 - Trespass to state fish hatchery.
29.717 - Trespass on riparian land.
29.733 - Natural waters used in fish farms.
29.734 - Barriers required for fish farms.
29.737 - Permit for private management.
29.738 - Private fishing preserves.
29.739 - Grants for walleye production.
29.740 - Contracts for walleye production.
29.741 - Food in the wild for game birds.
29.749 - Horicon marsh fur farm and dam.
29.753 - Importation of wild elk.
29.875 - Disposal of escaped deer or elk.
29.885 - Removal of wild animals.
29.886 - Management of double-crested cormorants.
29.887 - Wildlife control in urban communities.
29.888 - Wolf depredation program; wolf damage claims.
29.889 - Wildlife damage abatement program; wildlife damage claim program.
29.89 - Venison and wild turkey processing and donation program.
29.921 - Warrants; arrests; police powers.
29.924 - Investigations; searches.
29.934 - Sale of confiscated game and objects.
29.936 - Distribution of fish and game to food distribution services.
29.938 - Use by the department of unclaimed, seized, or confiscated property.
29.941 - Assistance of law enforcement officers.
29.944 - Exemption from liability.
29.947 - Law enforcement aid program; spearfishing.
29.954 - False impersonation of warden.
29.957 - Breaking seals of department.
29.961 - Incorrect information.
29.962 - Worthless checks for approvals.
29.964 - Falsification or illegal possession of approvals.
29.967 - Prohibitions during periods of suspension or revocation.
29.969 - Larceny of wild animals.
29.971 - General penalty provisions.
29.972 - Revocation; failure to comply.
29.973 - Commercial fish reporting system.
29.974 - Penalties; repeaters.
29.977 - Civil actions for damages caused by law violations.
29.981 - Parties to a violation.
29.983 - Wild animal protection surcharges.
29.984 - Commercial fish protection surcharge.
29.985 - Fishing shelter removal surcharge.
29.987 - Natural resources surcharge.
29.989 - Natural resources restitution surcharge.
29.99 - Wildlife violator compact surcharge.