29.515 of the statutes is renumbered 29.713 and amended to read:
29.713 Trespass to state fish hatchery. Whoever does any of the following without proper authority shall be subject to the penalties under s. 29.99 29.971 (1):
(1) Without proper authority, enters
Enters upon the grounds of any a state fish hatchery for the purpose of killing or taking fish therefrom; or.
(2) Without proper authority, kills,
Kills or takes or catches any fish from any waters or grounds which the person knew or should have known belonged to or were connected with any of a state fish hatchery; or.
(3) Without proper authority to do so, intentionally or negligently injures Injures any fish, or in any manner interferes harmfully with the ponds, streams, troughs or other property of a state fish hatchery.
Note: The requirement of knowledge in s. 29.515 (2) and the requirement of intent or negligence in s. 29.515 (3) existed when a criminal penalty was imposed for violation of this provision. The offense has since been decriminalized, and the penalty is now a civil forfeiture. The requirement for the prosecutor to prove knowledge, intent or negligence is typically included in statutes subject to criminal penalties, due to the seriousness of the penalty. This requirement is not necessary where the penalty is a civil forfeiture and it is therefore eliminated.
29.53 (title) and (1) to (4) of the statutes, as created by 1997 Wisconsin Act 27
, are renumbered 29.736 (title) and (1) to (4).
29.736 (5) The requirement of being issued a permit under this section shall does not apply to civic organizations, organizations operating newspapers or television stations or promoters of sport shows when and in connection with publicly showing or exhibiting, giving demonstrations with or providing fishing of fish for periods of not to exceed 10 days if the fish are placed in a tank or an artificially constructed pond that is a self-contained body of water. Fish used for such these purposes shall have been certified by a qualified inspector to meet the fish health standards and requirements promulgated under s. 95.60 (4s) (b).
29.535 (1) (a) (intro.) of the statutes is renumbered 29.745 (1) (a) (intro.) and amended to read:
29.745 (1) (a) (intro.) A person must be issued shall obtain a permit from the department before doing any of the following:
29.535 (1) (a) 1. of the statutes, as affected by 1997 Wisconsin Act 27
, is renumbered 29.745 (1) (a) 1. and amended to read:
29.745 (1) (a) 1. Importing into the state any wild animal other than fish or their eggs for the purpose of introducing, or stocking or planting that wild animal.
29.535 (1) (a) 2. of the statutes, as affected by 1997 Wisconsin Act 27
, is renumbered 29.745 (1) (a) 2. and amended to read:
29.745 (1) (a) 2. Introducing, or stocking or planting any wild animal other than fish or their eggs.
29.535 (1) (b) of the statutes is renumbered 29.745 (1) (b) and amended to read:
29.745 (1) (b) Applications Application for such permits a permit shall be made in writing on forms provided by to the department.
29.535 (1) (c) of the statutes, as affected by 1997 Wisconsin Act 27
, is renumbered 29.745 (1) (c) and amended to read:
29.745 (1) (c) Permits for introducing, or stocking or planting under par. (a) 2. shall be issued by the department only after investigation and inspection of the wild animals as the department determines is necessary.
Note: This subsection pertains to DNR authority to import and introduce wild animals other than fish and is recreated as new s. 29.745 (2).
29.536 of the statutes is repealed.
Note: Section 29.536 relates to municipal fish hatcheries and fisheries. There are none.
29.54 of the statutes is renumbered 29.741, and 29.741 (title) and (1), as renumbered, are amended to read:
29.741 (title) State propagation of wild
mammals and birds animals. (1) The department may take or purchase and direct the distribution of wild mammals and birds animals and their eggs for propagation.
The distribution thereof shall be made throughout the state under the supervision and direction of the department and according to its rules This subsection does not apply to farm-raised fish.
29.544 of the statutes is renumbered 29.607, and 29.607 (title), (1), (2) (a), (3) (title) and (4) to (7), as renumbered, are amended to read:
29.607 (title) Wild rice conservation; licenses. (1) Title to wild rice. (a) The legal title to all wild rice growing in any lake of the state, whether meandered or not, is vested in the state for the purpose of regulating harvest, use, disposition and conservation thereof of wild rice.
(b) The legal title to such wild rice taken or reduced to possession in violation of this chapter or of any rule of the department remains in the state; and the title
. Title to any such wild rice lawfully acquired is subject to the condition that upon the violation of this chapter or of any department rule relating to the possession, use, harvest, sale or purchase thereof section by the holder of such title to the wild rice, the same title shall revert, as a result of the violation, to the state. In either case, such wild rice may be seized forthwith wherever found by the department or its agents.
(2) (a) The department may promulgate such rules governing the harvest, use and disposition of wild rice growing in the navigable lakes of the state as it deems reasonably necessary for the conservation and wise use thereof. The secretary may designate the opening date for harvesting wild rice in any navigable lake or stream by posting notice of such the opening date on the shores of and at places of public access to such the lake at least 24 hours before such the opening date, unless the department promulgates by rule a different time period required for notice. Such posting Posting is deemed sufficient notice of such the opening date and no other publication thereof is required.
(3) (title) License required; exceptions; wild rice identification card.
(4) Licenses. (a) Wild rice harvest license. No wild rice harvest license is required of helpers of a licensee who participate only in shore operations. Wild rice harvest licenses may be issued only to residents of this state.
(b) Wild rice dealer license. A wild rice dealer license is required to buy wild rice within the state for resale to anyone except consumers, or to sell wild rice imported from outside of the state to anyone within the state except consumers, or to process wild rice not harvested by the processor himself or herself for resale by the processor to any other person. The license is required to be a class D wild rice dealer license if the amount of wild rice bought, sold or processed by the licensee within the year covered by the license exceeds 50,000 pounds. The license is required to be a class C wild rice dealer license if this amount exceeds 25,000 pounds but does not exceed 50,000 pounds. The license is required to be a class B wild rice dealer license if this amount exceeds 5,000 pounds but does not exceed 25,000 pounds. The license is required to be a class A wild rice dealer license if this amount does not exceed 5,000 pounds. For the purposes of this section, 2 1/2 2.5 pounds of raw rice is deemed equivalent to one pound of processed rice.
(5) Records and reports. Each wild rice dealer shall keep a correct and complete book record in the English language form required by the department of all wild rice bought, sold or processed by the dealer during the period covered by the dealer's license showing the date of each transaction, the names and addresses of all other parties thereto to the transaction, and the amount of wild rice involved, whether raw or processed. Each such
The record shall be open for inspection by the department or its agents at all reasonable times. All licensed wild rice dealers shall file such reports on their operations as wild rice dealers as are required by the department.
(6) Private waters. (a) Nothing in this section shall be construed as giving the this state of Wisconsin, or the department or its agents the right to control, regulate, manage or harvest wild rice growing on privately owned beds of flowages or ponds.
(b) No person shall, within the boundaries of this state, may use or cause to be used any mechanical device of any nature in the harvesting or gathering of wild rice.
(7) Penalties. Any person violating this section shall be punished pursuant to s. 29.99 29.971 (2) and (12).
29.547 of the statutes is renumbered 29.611, and 29.611 (title), (1) (intro.), (4) (b) and (11), as renumbered, are amended to read:
29.611 (title) Ginseng protected Wild ginseng. (1) Definitions. (intro.) As used in
In this section:
(4) (b) The dealer knows that the vendor has violated this section or a rule promulgated under this section.
(11) Penalty. A person who violates this section or a rule promulgated under this section shall forfeit not more than $500. A person who violates this section or a rule promulgated under this section within 3 years after conviction for a previous violation of this section
or a rule promulgated under this section shall forfeit not more than $1,000.
Subchapter VII (title) of chapter 29 [precedes 29.553] of the statutes is created to read:
Approval fees and
29.555 of the statutes is renumbered 29.617.
29.557 of the statutes is renumbered 29.089.
29.56 of the statutes is renumbered 29.091 and amended to read:
29.091 (title) Game or Hunting or trapping in wildlife refuge. No person shall at any time or in any manner may hunt or trap within the boundaries of any game or wildlife refuge established pursuant to under s. 23.09 (2) (b) or 29.57 29.621, nor or have possession or control of therein, any gun or rifle
, firearm, bow or crossbow unless the same gun or firearm is unloaded, the bow or crossbow is unstrung and the gun, firearm, bow or crossbow is enclosed within a carrying case. The taking of predatory game birds and animals shall be done as the department directs. All state game or wildlife refuge boundary lines shall be marked by posts placed at intervals of not over 500 feet and bearing signs with the words "Wisconsin Wildlife Refuge".
29.563 of the statutes is created to read:
29.563 Fee schedule. (1) General. Unless specifically provided otherwise in this chapter, a person who applies for an approval shall pay the applicable fees specified in subs. (2) to (14).
(2) Hunting approvals. The fees for hunting approvals are as follows:
(a) Resident licenses. 1. Small game: $12.25.
2. Small game issued to a resident senior citizen: $5.25.
3. Small game issued to a member of the armed forces under s. 29.194 (3): $0.
4. Small game issued to 12-year-olds to 17-year-olds: $6.25.
5. Deer: $18.25.
6. Class A bear: $39.25.
7. Class B bear: $6.25.
8. Archer: $18.25.
9. Wild turkey: $9.25.
(b) Nonresident licenses. 1. Annual small game: $73.25.
2. Five-day small game: $41.25.
3. Deer: $133.25.
4. Class A bear: $199.25.
5. Class B bear: $98.25.
6. Archer: $133.25.
7. Fur-bearing animal: $148.25.
8. Wild turkey: $53.25.
(c) Resident permit. 1. Bonus deer: $12.
2. Bonus deer issued to a person under s. 29.181 (2m): $0.
(d) Nonresident permit. Bonus deer: $20.
(e) Stamps. 1. Wild turkey: $5.
2. Pheasant: $7.
3. Waterfowl: $6.75.
(3) Fishing approvals. The fees for fishing approvals are as follows:
(a) Resident licenses. 1. Annual: $13.25.
2. Annual fishing issued to a resident senior citizen: $6.25.
3. Husband and wife: $23.25.
4. Annual fishing license issued to 16-year-olds and 17-year-olds: $6.25.
5. Two-day sports fishing: $9.25.
6. Annual fishing issued to a member of the armed forces under s. 29.194 (2): $0.
7. Annual fishing issued to a disabled person under 29.193 (3): $6.25.
8. Annual fishing issued to a resident at Wisconsin Veterans Home at King: $0.
9. Annual fishing license issued to a disabled veteran under s. 29.219 (2) (c): $4.25.