Wisconsin Statutes

Wis. Stat. § 29.039 (2026)

Nongame species

✓ current as of July 2026
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29.03929.039Nongame species.
29.039(1)(1)The department may conduct investigations of nongame species to develop scientific information relating to population, distribution, habitat needs, and other biological data to determine necessary conservation measures. The department may develop conservation programs to ensure the perpetuation of nongame species. The department may require harvest information and may establish limitations relating to taking, possession, transportation, processing and sale or offer for sale, of nongame species.
29.039(2)(2)Any rules promulgated or programs developed under this section may not impede, hinder or prohibit the utilization of lands for the construction, operation or maintenance of utility facilities otherwise authorized or permitted.
29.039 HistoryHistory: 1977 c. 370; 1979 c. 154; 1985 a. 332 s. 251 (1); 1997 a. 248 s. 405; Stats. 1997 s. 29.039.
29.039 Cross-referenceCross-reference: See also ss. NR 10.02, 10.04, 19.26, 19.27, and 19.275, Wis. adm. code.
29.039 Annotation“Taking,” as used in this section, includes those activities delineated under the definition of “hunting” in s. 29.001 (42), such as killing, shooting, shooting at, trapping, and pursuing. Wisconsin Citizens Concerned for Cranes & Doves v. DNR, 2004 WI 40, 270 Wis. 2d 318, 677 N.W.2d 612, 02-1166.
Notes of Decisions
Cited in 2 cases, 2003–2004 · leading case: Wisconsin Citizens Concerned for Cranes & Doves v. Wisconsin Dep't of Nat. Resources, 2004 WI 40 (Wis. 2004).
Wisconsin Citizens Concerned for Cranes & Doves v. Wisconsin Dep't of Nat. Resources, 2004 WI 40 (Wis. 2004). · cites it 34× “014(1) is ambiguous and that the legislature has not clearly authorized the DNR to set a hunting season for mourning doves, a "nongame species" regulated under Wis. Stat. § 29.039 (1). In a split decision, the court of appeals reversed, concluding that § 29.”
Wisconsin Citizens Concerned for Cranes & Doves v. Wisconsin Dep't of Nat. Resources, 2003 WI App 76 (Wis. Ct. App. 2003). · cites it 42× “§ 29.039, which deals with "nongame species," provides an alternative source for its authority to establish seasons during which mourning doves may be hunted.”
— Wis. Stat. § 29.039(1) — 2 cases
Wisconsin Citizens Concerned for Cranes & Doves v. Wisconsin Dep't of Nat. Resources, 2004 WI 40 (Wis. 2004). “014(1) is ambiguous and that the legislature has not clearly authorized the DNR to set a hunting season for mourning doves, a "nongame species" regulated under Wis. Stat. § 29.039 (1). In a split decision, the court of appeals reversed, concluding that § 29.”
Wisconsin Citizens Concerned for Cranes & Doves v. Wisconsin Dep't of Nat. Resources, 2003 WI App 76 (Wis. Ct. App. 2003). “§ 29.039, which deals with "nongame species," provides an alternative source for its authority to establish seasons during which mourning doves may be hunted.”
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