Subchapter I
Definitions
248, s. s. 39
Section
39. 29.001 (intro.) of the statutes is created to read:
29.001 Definitions. (intro.) In this chapter, unless the context requires otherwise:
248, s. s. 40
Section
40. 29.001 (3) of the statutes is created to read:
29.001 (3) "Address" means a street name and number or post-office box number, the name of the city, village or town, the state and the zip code.
248, s. s. 41
Section
41. 29.001 (6) of the statutes is created to read:
29.001 (6) "Aircraft" means any contrivance invented, used or designed for navigation of or flight in the air.
248, s. s. 42
Section
42. 29.001 (9) of the statutes is created to read:
29.001 (9) "All-terrain vehicle" has the meaning given in s. 340.01 (2g).
248, s. s. 43
Section
43. 29.001 (16) of the statutes is created to read:
29.001 (16) "Boat" means any device capable of being used as a means of transportation on water.
248, s. s. 44
Section
44. 29.001 (54) of the statutes is created to read:
29.001 (54) "Minnow" includes a sucker not listed as endangered or threatened under s. 29.604 (3), central mudminnow, tadpole madtom, stonecat, banded killifish, blackstripe topminnow, brook silverside, brook stickleback, ninespine stickleback, trout-perch, darter, log perch, sculpin. "Minnow" includes any minnow family cyprinid that is not listed as endangered or threatened under s. 29.604 (3) and that is not a goldfish, grass carp, common carp or rudd. "Minnow" does not include any sucker, darter, sculpin or minnow species that is designated as detrimental under s. 29.424.
248, s. s. 45
Section
45. 29.001 (57) of the statutes is created to read:
29.001 (57) "Motor vehicle" means a self-propelled vehicle, including a combination of 2 or more vehicles or an articulated vehicle. "Motor vehicle" includes a snowmobile or an all-terrain vehicle. "Motor vehicle" does not include an aircraft or a vehicle operated exclusively on rails.
248, s. s. 46
Section
46. 29.001 (78) of the statutes is created to read:
29.001 (78) "Snowmobile" has the meaning given in s. 340.01 (58a).
248, s. s. 47
Section
47. 29.001 (87) of the statutes is created to read:
29.001 (87) "Vehicle" means any device for moving persons or property or pulling implements from one place to another on land or rails or in the air.
248, s. s. 48
Section
48. 29.01 (intro.) of the statutes is repealed.
248, s. s. 49
Section
49. 29.01 (1) of the statutes is renumbered 29.001 (12) and amended to read:
29.001 (12) "Approval" means any type of approval or authorization issued by the department or a county clerk under this chapter including any license, permit, certificate, card, stamp or tag unless the context requires a different meaning.
248, s. s. 50
Section
50. 29.01 (1m) of the statutes is renumbered 29.001 (15) and amended to read:
29.001 (15) "Attending boat" means an open boat used to transport equipment, crew or catch of a licensed boat, provide assistance in the operation of fishing gear by the licensed boat or provide other assistance in the commercial fishing operations of a boat licensed under s. 29.33 29.519.
248, s. s. 51
Section
51. 29.01 (2) of the statutes is renumbered 29.001 (18) and amended to read:
29.001 (18) "Carcass" means the dead body of any wild animal to which it refers, including the head, hair, skin, plumage, skeleton, or any other part thereof of the wild animal or the eggs of the wild animal.
248, s. s. 52
Section
52. 29.01 (2m) of the statutes is renumbered 29.001 (21).
248, s. s. 53
Section
53. 29.01 (2r) of the statutes is renumbered 29.001 (24).
29.001 (27) "Fishing" includes taking, capturing
, or killing, or fishing for fish of any variety in any manner but does not include taking, capturing, killing or fishing for farm-raised fish, other than farm-raised fish, or attempting to take, capture or kill fish, other than farm-raised fish. When the word "fish" is used as a verb, it shall have has the same meaning as the word "fishing" as defined herein.
248, s. s. 58
Section
58. 29.01 (4) of the statutes is renumbered 29.001 (30) and amended to read:
29.001 (30) "Fur-bearing animals" includes otter, beaver, mink, muskrat, marten, fisher, skunk, raccoon, fox, weasel, opossum, badger, wolf, coyote, wildcat
bobcat, cougar and lynx.
248, s. s. 59
Section
59. 29.01 (5) of the statutes is renumbered 29.001 (33) and amended to read:
29.001 (33) "Game" includes all varieties of wild mammals or birds; "game.
(41) "Game fish" includes all varieties of fish except rough fish and minnows; "rough.
(74) "Rough fish" includes dace, suckers, not listed as endangered or threatened under s. 29.604 (3), common carp, goldfish, redhorse, freshwater drum, burbot, bowfin, garfish, buffalo fish, sea lamprey, alewife, gizzard shad, rainbow smelt, goldeye, and mooneye, carpsucker and quill back, in all waters and chub in inland waters only; "minnows" includes suckers, mud minnows, madtom, stonecat, killifish, stickleback, trout-perch, darters, sculpin and all minnow family cyprinids except goldfish and carp.
248, s. s. 60
Section
60. 29.01 (6) of the statutes is renumbered 29.001 (36).
248, s. s. 61
Section
61. 29.01 (7) of the statutes is renumbered 29.001 (39) and amended to read:
29.001 (39) "Game birds" includes the following aquatic birds: Wild wild geese, brant, wild ducks, wild swan, rails, coots, gallinules, jacksnipe snipe, woodcock, plovers and, sandpipers; the following upland birds:, ruffed grouse (partridge), pinnated grouse (, prairie chicken), sharp-tailed grouse, pheasants, Hungarian partridge, Chukar partridge, bobwhite, quail, California quail crows and wild turkey.
Note: The DNR has established open and closed seasons for crows and classified crows as game birds. The addition of crows to the definition of game bird recognizes this. "Snipe" substitutes the correct name for this bird. "California quail" is repealed because this bird does not occur in Wisconsin.
29.001 (42) "Hunt" or "hunting" includes shooting, shooting at, pursuing, taking, catching capturing or killing or attempting to capture or kill any wild animal
or animals.
248, s. s. 63
Section
63. 29.01 (9) of the statutes is renumbered 29.001 (45).
248, s. s. 64
Section
64. 29.01 (9m) of the statutes is renumbered 29.001 (51).
248, s. s. 65
Section
65. 29.01 (10) of the statutes is renumbered 29.001 (60).
248, s. s. 66
Section
66. 29.01 (11) of the statutes is renumbered 29.001 (63).
248, s. s. 69
Section
69. 29.01 (11m) of the statutes is renumbered 29.001 (66).
248, s. s. 70
Section
70. 29.01 (12) of the statutes is renumbered 29.001 (69).
248, s. s. 71
Section
71. 29.01 (12m) of the statutes is renumbered 29.001 (72).
248, s. s. 73
Section
73. 29.01 (12r) of the statutes, as created by
1997 Wisconsin Act 27, is renumbered 29.001 (76), and 29.001 (76) (b), as renumbered, is amended to read:
29.001 (76) (b) A freeze-out pond for which a permit is issued under s. 29.521 29.733 (2).
248, s. s. 74
Section
74. 29.01 (13) of the statutes is renumbered 29.001 (84) and amended to read:
29.001 (84) "Trapping" includes the taking, or the attempting to take, of any wild animal by means of setting or operating any device, mechanism or contraption that is designed, built or made to close upon, hold fast, or otherwise capture a wild animal or animals. When
the word "trap" is used as a verb, it shall have
has the same meaning as the word "trapping" as defined herein.
248, s. s. 75
Section
75. 29.01 (14) of the statutes is renumbered 29.001 (90).
248, s. s. 76
Section
76. Subchapter II (title) of chapter 29 [precedes 29.011] of the statutes is created to read:
Chapter 29
Subchapter II
General Fish and Game Regulation
248, s. s. 77
Section
77. 29.014 (title) of the statutes is created to read:
29.014 (title) Rule-making for this chapter.
248, s. s. 78c
Section 78c. 29.014 (2) (c) of the statutes is created to read:
29.014 (2) (c) Any reference to this chapter includes any rules promulgated under this chapter and any reference to any provision of this chapter includes any rules promulgated under that provision.
Note: Under s. 227.11 (2), state agencies are authorized to "promulgate rules interpreting the provisions of any statute enforced or administered by it...". The DNR therefore clearly has authority to promulgate rules under all provisions of ch. 29, subject only to the specific limitations on its rule-making authority set forth in ch. 29, and to the general requirement under s. 227.11 that a rule is not valid if it exceeds the bounds of correction interpretation.
However, ch. 29 now contains many examples of permissive rule-making authority. (For example, see s. 29.1085, related to bear harvest permits, which provides in sub. (6): "The department may promulgate rules to administer and interpret this section.".) This bill eliminates some, but not all, of those instances of permissive rule-making authority.
Note: One of the disadvantages, for the purposes of statutory interpretation, of individual examples of permissive rule-making authority, is the potential for an implication that by granting permissive rule-making authority for some provisions of ch. 29, the legislature did not intend to grant rule-making authority for other provisions of the chapter. This is clearly not the case, and such an implication would in fact be contrary to the legislature's broad grant of authority to the DNR under ch. 29 to regulate fish and game.
248, s. s. 79
Section
79. 29.014 (4) of the statutes is created to read:
29.014 (4) No person may challenge the validity of a rule promulgated under this chapter in any prosecution of that person for a violation of this chapter or rules promulgated under this chapter unless the person has previously brought a separate action under s. 227.40 seeking a declaratory judgment on the validity of the rule.
Note: This provision restates the substance of current s. 29.174 (7).
248, s. s. 80
Section
80. 29.015 (title) of the statutes is repealed.
248, s. s. 81
Section
81. 29.015 (1) (intro.) of the statutes is renumbered 29.417 (3) (intro.) and amended to read:
29.417 (3) (intro.) Whenever the hereinafter named bays Bays and harbors are mentioned in this chapter, listed in this section shall have the following description for the same shall apply:
Note: This bill places descriptions of bays and harbors in new s. 29.417 relating to permits to take rough fish. The descriptions are moved there since these bays and harbors are referred to only in the statute relating to permits to take rough fish.
248, s. s. 82
Section
82. 29.015 (1) (a) of the statutes is repealed.
248, s. s. 83
Section
83. 29.015 (1) (b) to (i) of the statutes are renumbered 29.417 (3) (a) to (h).
248, s. s. 84
Section
84. 29.015 (1) (j) of the statutes is renumbered 29.001 (81) and amended to read:
29.001 (81) That "Sturgeon Bay" means that body of water known as Sturgeon bay lying south and east of a line commencing at the most northerly point of section 23, township 28 north, range 25 east, and running in a northeasterly direction to the water's edge on north line of section 13, same township and range.
248, s. s. 85
Section
85. 29.015 (1) (k) to (m) of the statutes are renumbered 29.417 (3) (i) to (k).
248, s. s. 86
Section
86. 29.015 (1) (n) to (q) of the statutes are repealed.
248, s. s. 87
Section
87. 29.02 (title), (1) and (2) of the statutes are renumbered 29.011 (title), (1) and (2), and 29.011 (1) and (2), as renumbered, are amended to read:
29.011 (1) The legal title to, and the custody and protection of, all wild animals within this state is vested in the state for the purposes of regulating the enjoyment, use, disposition, and conservation thereof of these wild animals.
(2) The legal title to any such a wild animal, or carcass or part there of, taken or reduced to possession in violation of this chapter, remains in the state; and the. The title to any such a wild animal, or carcass or part thereof, lawfully acquired, is subject to the condition that upon the violation of this chapter relating to the possession, use, giving, sale, barter or transportation of such a wild animal, or carcass or part thereof, by the holder of such title owner, the same ownership shall revert, as a result of the violation, to the state. In either case, any such wild animal, or carcass or part thereof, may be seized forthwith, wherever found, by the department or its wardens.
Note: The provision on seizure is redundant with current s. 29.05 (7) to (9), renumbered as s. 29.931.
