AB150: Bill Text Engrossed

AB150-engrossed,584,12 29.093 (2) (g) Restriction on the issuance of deer hunting licenses during the open season. Except as provided under par. (i) 1., no resident deer hunting license, nonresident deer hunting license, resident sports license, nonresident sports license, resident conservation patron license or nonresident conservation patron license may be issued during the open season for the hunting of deer with firearms.

AB150-engrossed, s. 1609 Section 1609. 29.093 (2) (i) 2. of the statutes is amended to read:

AB150-engrossed,584,19 29.093 (2) (i) 2. A resident archer hunting license or a resident conservation patron license issued during the open season for hunting deer with a bow and arrow authorizes such hunting beginning on the date of issuance if issued to a person who is a member of the U.S. armed forces who exhibits proof that he or she is in active service with the armed forces and that he or she is stationed in this state or is a resident of this state on furlough or leave.

AB150-engrossed, s. 1610 Section 1610. 29.093 (3) (c) of the statutes is amended to read:

AB150-engrossed,584,25 29.093 (3) (c) Resident disabled person fishing license. A permanent fishing license issued before the effective date of this paragraph .... [revisor inserts date], to a disabled person under s. 29.145 (1c) is valid from the date of issuance and remains valid until March 31, 1996, as long as the licensee is continues to be a resident and continues to meet the requirement of s. 29.145 (1c) (a), (b) or (c).

AB150-engrossed, s. 1610r Section 1610r. 29.093 (10) (b) of the statutes is amended to read:

AB150-engrossed,585,3 29.093 (10) (b) Endangered species permit. A permit issued under s. 29.415 (6) or (6m) is valid for the period designated by the department.

AB150-engrossed, s. 1611 Section 1611. 29.093 (11) (c) of the statutes is amended to read:

AB150-engrossed,585,7 29.093 (11) (c) Wild ginseng dealer license. A nonresident wild ginseng dealer license or a class A, class B or class C wild ginseng dealer license is valid from July 1 or the date of issuance, whichever is later, until the following June 30.

AB150-engrossed, s. 1612 Section 1612. 29.103 (7) of the statutes is created to read:

AB150-engrossed,585,11 29.103 (7) Use of moneys from fees. The fees collected from the sale of wild turkey hunting stamps under this section shall be deposited in the conservation fund and credited to the appropriation account under s. 20.370 (1) (ht).

AB150-engrossed, s. 1615 Section 1615. 29.1075 (3) of the statutes is amended to read:

AB150-engrossed,585,15 29.1075 (3) Use of fees. The fees received from issuing permits under this section shall be deposited into the conservation fund and credited to the appropriation under s. 20.370 (4) (gq) (5) (fq).

AB150-engrossed, s. 1617 Section 1617. 29.145 (1c) (intro.) of the statutes is amended to read:

AB150-engrossed,585,19 29.145 (1c) (title) Permanent fishing Fishing license for disabled persons. (intro.) The department shall issue a permanent an annual disabled person fishing license to any resident who applies for this license and who does one of the following:

AB150-engrossed, s. 1618 Section 1618. 29.147 (1) of the statutes is amended to read:

AB150-engrossed,585,25 29.147 (1) A resident sports license shall be issued subject to s. 29.09 by the department or by a county clerk to any resident who is over the age of 12 years, a U.S. citizen, and who applies for this license and pays the minimum fee. A nonresident sports license shall be issued subject to s. 29.09 by the department or by a county clerk to any person who is not a resident and who meets these requirements.

AB150-engrossed, s. 1619 Section 1619. 29.147 (2) of the statutes is amended to read:

AB150-engrossed,586,5 29.147 (2) A resident sports license confers upon the licensee all the combined privileges conferred by a resident small game hunting license, resident fishing license and resident deer hunting license subject to all the duties, conditions, limitations and restrictions prescribed in this chapter and by department order.

AB150-engrossed, s. 1620 Section 1620. 29.147 (2m) of the statutes is created to read:

AB150-engrossed,586,11 29.147 (2m) A nonresident sports license confers upon the licensee all the combined privileges conferred by a nonresident small game hunting license, nonresident fishing license and nonresident deer hunting license subject to all the duties, conditions, limitations and restrictions prescribed in this chapter and by department order.

AB150-engrossed, s. 1621 Section 1621. 29.1475 (1) of the statutes is amended to read:

AB150-engrossed,586,17 29.1475 (1) Issuance. A resident conservation patron license shall be issued subject to s. 29.09 by the department to any resident 14 years old or older who applies for this the license. A nonresident conservation patron license shall be issued subject to s. 29.09 by the department to any person 14 years old or older who is not a resident and who applies for the license.

AB150-engrossed, s. 1622 Section 1622. 29.1475 (2) of the statutes is amended to read:

AB150-engrossed,587,2 29.1475 (2) (title) Authorization; resident hunting, fishing and trapping privileges. A resident conservation patron license confers upon the licensee all the combined privileges conferred by a resident small game hunting license, resident deer hunting license, resident wild turkey hunting license, resident bear hunting license, resident archer hunting license, waterfowl hunting stamp, pheasant hunting stamp, a wild turkey hunting stamp, resident annual fishing license, sturgeon spearing license, an inland waters trout stamp, a Great Lakes trout and salmon stamp and trapping license.

AB150-engrossed, s. 1623 Section 1623. 29.1475 (2m) of the statutes is created to read:

AB150-engrossed,587,11 29.1475 (2m) Authorization; nonresident hunting and fishing privileges. A nonresident conservation patron license confers upon the licensee all the combined privileges conferred by a nonresident small game hunting license, nonresident deer hunting license, nonresident wild turkey hunting license, nonresident bear hunting license, nonresident archer hunting license, waterfowl hunting stamp, pheasant hunting stamp, a wild turkey hunting stamp, nonresident annual fishing license, sturgeon spearing license, an inland waters trout stamp and a Great Lakes trout and salmon stamp.

AB150-engrossed, s. 1624 Section 1624. 29.1475 (6) of the statutes is amended to read:

AB150-engrossed,588,2 29.1475 (6) Admission sticker. At the same time the department issues a conservation patron license, it may issue an annual resident or nonresident vehicle admission sticker or a special sticker for admission to state parks and similar areas. Alternatively or in addition, the department may issue an annual resident or nonresident vehicle admission sticker or a special sticker for admission to state parks and similar areas to a person who has a conservation patron license on location at the state park or similar area. A person who is issued a sticker under this subsection shall affix the sticker by its own adhesive to the interior surface of the lower left-hand corner of the windshield of the vehicle. A sticker issued under this section is not considered part of a conservation patron license for the purpose of issuing a duplicate and no duplicate sticker shall be issued unless the license holder provides evidence that the vehicle upon which the sticker is affixed is no longer usable or that the vehicle was transferred to another person and the license holder presents the original sticker or remnants of it to the department.

AB150-engrossed, s. 1625 Section 1625. 29.149 (5) of the statutes is amended to read:

AB150-engrossed,588,7 29.149 (5) Use of moneys from fees. The department shall expend the receipts from the sale of inland waters trout stamps on improving and maintaining trout habitat in the inland trout waters of the state, conducting trout surveys in inland trout waters and administering this section.

AB150-engrossed, s. 1626 Section 1626. 29.15 (2) of the statutes is amended to read:

AB150-engrossed,588,14 29.15 (2) Requirement. No person may fish for trout or salmon in the outlying trout and salmon waters of the state unless the person is issued a resident or nonresident 2-day sports fishing license, unless the person is issued a conservation patron license under s. 29.1475 or unless the person is issued a Great Lakes trout and salmon stamp which is affixed by the stamp's adhesive to the person's fishing license or sports license.

AB150-engrossed, s. 1627 Section 1627. 29.155 (1m) of the statutes is amended to read:

AB150-engrossed,588,18 29.155 (1m) The department shall, in cooperation with and with the assistance of the department of development tourism, publicize the special events and programs sponsored or approved under sub. (1g) or (1h).

AB150-engrossed, s. 1631 Section 1631. 29.41 (3) of the statutes is amended to read:

AB150-engrossed,589,2 29.41 (3) Possess the raw skin of any muskrat, mink, otter, fisher or pine marten at any time unless the person is the holder of a scientific collector permit, fur dealer license, trapping license or resident conservation patron license of current issue. No license is required for a person breeding, raising and producing domestic fur-bearing animals in captivity as defined in s. 29.579 or for a person authorized to take muskrats on a cranberry marsh under a permit issued to the person by the department.

AB150-engrossed, s. 1631c Section 1631c. 29.415 (1) of the statutes is amended to read:

AB150-engrossed,589,25 29.415 (1) Purpose. The legislature finds that certain wild animals and wild plants are endangered or threatened and are entitled to preservation and protection as a matter of general state concern. The federal endangered species act of 1973 and the Lacey act together provide for the protection of wild animals and wild plants threatened with worldwide extinction by prohibiting the importation of endangered or threatened wild animals and wild plants and by restricting and regulating interstate and foreign commerce in wild animals and wild plants taken in violation of state, federal and foreign laws. The states, however, must also assume their responsibility for conserving these wild animals and wild plants and for restricting the taking, possession, transportation, processing or sale of endangered or threatened wild animals and wild plants within their respective jurisdictions to assure their continued survival and propagation for the aesthetic, recreational and scientific purposes of future generations. The legislature finds that by eliminating restricting the taking, possession or marketing of endangered species in this state and by establishing a program for conservation and restoration of these endangered or threatened species, their potential for continued existence will be strengthened. The legislature further finds that the activities of both individual persons and governmental agencies are tending to destroy the few remaining whole plant-animal communities in this state. Since these communities represent the only standard against which the effects of change can be measured, their preservation is of highest importance, and the legislature urges all persons and agencies to fully consider all decisions in this light.

AB150-engrossed, s. 1631e Section 1631e. 29.415 (2) (a) of the statutes is renumbered 29.415 (2) (am).

AB150-engrossed, s. 1631f Section 1631f. 29.415 (2) (ac) of the statutes is created to read:

AB150-engrossed,590,5 29.415 (2) (ac) "Agency" means a board, commission, committee, department, except the department of natural resources, or officer in the state government, except the governor, a district attorney or a military or judicial officer.

AB150-engrossed, s. 1631j Section 1631j. 29.415 (2) (ag) of the statutes is created to read:

AB150-engrossed,590,8 29.415 (2) (ag) "Agency action" means any action authorized, funded or implemented by an agency.

AB150-engrossed, s. 1631k Section 1631k. 29.415 (2) (bn) of the statutes is created to read:

AB150-engrossed,590,11 29.415 (2) (bn) "Whole plant-animal community" means a group of species living together in a particular area, time and habitat.

AB150-engrossed, s. 1631ki Section 1631ki. 29.415 (4) (intro.) of the statutes is amended to read:

AB150-engrossed,590,14 29.415 (4) Prohibition. (intro.) Except as provided in sub. (6r) or as permitted by departmental rule or permit:

AB150-engrossed, s. 1631L Section 1631L. 29.415 (6m) of the statutes is created to read:

AB150-engrossed,590,19 29.415 (6m) Incidental take permits. (a) The department may issue a permit, under such terms and conditions as it may prescribe, authorizing a taking that otherwise is prohibited by this section if the taking is not for the purpose of, but will be only incidental to, the carrying out of a lawful activity.

AB150-engrossed,590,22 (b) The department may not issue a permit under this subsection unless an applicant for the permit submits to the department a conservation plan and an implementing agreement. The conservation plan shall include all of the following:

AB150-engrossed,590,25 1. A description of the impact that will likely occur to endangered species or threatened species specified by the department's endangered and threatened species list.

AB150-engrossed,591,2 2. The steps that the applicant will take to minimize and mitigate the impact that the endangered species or the threatened species will suffer.

AB150-engrossed,591,4 3. A description of the funding that the applicant will have available to implement the steps specified under subd. 2.

AB150-engrossed,591,6 4. A description of the alternative actions to the taking that the applicant has considered and the reasons that these alternatives will not be utilized.

AB150-engrossed,591,8 5. Any other measures that the department may determine to be necessary or appropriate.

AB150-engrossed,591,10 (d) An application for a permit under this subsection may contain more than one applicant.

AB150-engrossed,591,16 (f) Upon receipt of an application for a permit and the accompanying conservation plan and implementing agreement for a proposed taking, the department shall publicize the application by announcing the application receipt and by giving a brief description of the proposed taking. The publicity shall be distributed to the news media in the vicinity of the proposed taking. The department shall establish a procedure for receipt of public comment on the proposed taking.

AB150-engrossed,591,20 (g) After having considered the public comment received on the proposed taking, the department shall issue the permit if the department finds, based on the permit application, the conservation plan and the implementation agreement, that the taking will meet all of the following requirements:

AB150-engrossed,591,22 1. The taking will not be for the purpose of, but will be only incidental to, the carrying out a lawful activity.

AB150-engrossed,591,24 2. The applicant will, to the maximum extent practicable, minimize and mitigate the impact caused by the taking.

AB150-engrossed,592,2 3. The applicant will ensure that adequate funding for the conservation plan will be provided.

AB150-engrossed,592,5 4. The taking will not appreciably reduce the likelihood of the survival or recovery of the endangered species or threatened species, the whole plant-animal community of which it is a part or the habitat that is critical to its existence.

AB150-engrossed,592,6 5. Any measures required under par. (b) 5. will be met.

AB150-engrossed,592,9 (gm) The department may require that an applicant make additional assurances that the requirements under par. (g) 1. to 5. will be met before issuing a permit under par. (g).

AB150-engrossed,592,13 (h) The department shall impose on the permit terms or conditions that the department finds necessary or appropriate to ensure that the requirements under par. (g) 1. to 5. will be met. These terms or conditions may include reporting and monitoring requirements.

AB150-engrossed,592,15 (i) The department shall revoke a permit issued under this subsection if it finds that an applicant fails to comply with the terms and conditions of the permit.

AB150-engrossed,592,19 (j) A permit issued by the department is not required if a permit under 16 USC 1539 has been issued and the department determines that that the federal permit, along with its conservation plan and implementing agreement, comply with the requirements under this subsection.

AB150-engrossed,592,20 (k) This subsection does not apply to interagency activities under sub. (6r).

AB150-engrossed, s. 1631Li Section 1631Li. 29.415 (6r) of the statutes is created to read:

AB150-engrossed,593,2 29.415 (6r) Consultation. (a) An agency shall notify the department at the earliest opportunity of the location, nature and extent of a proposed activity the agency may conduct, approve or fund that may affect an endangered or threatened species. The department may allow the taking, exportation, transportation or possession of an endangered or threatened species if all of the following apply:

AB150-engrossed,593,5 1. The activity is accomplished in accordance with interagency consultation procedures established by the department and the agency for the purpose of minimizing any adverse effect on the endangered or threatened species.

AB150-engrossed,593,10 2. The activity is not likely to jeopardize the continued existence and recovery of the endangered or threatened species, the whole plant-animal community of which it is a part or is not likely to result in the destruction or adverse modification of a habitat that is critical to the continued existence of the endangered species or the threatened species, as determined by the department under par. (b).

AB150-engrossed,593,11 3. The benefit to public health, safety or welfare justifies the activity.

AB150-engrossed,593,15 (b) For purposes of par. (a) 2., the department shall determined whether a habit is critical to the continued existence of an endangered or threatened species by considering the endangered species' or threatened species' global and state element ranking as defined by natural heritage inventory methodology.

AB150-engrossed,593,23 (c) The department shall notify the agency if the department determines that there is reasonable cause for the department to determine that an activity is not being carried out in compliance with this subsection or with any environmental protection requirements developed through interagency consultation procedures. If the secretary of natural resources and the head, as defined in s. 15.01 (8), of the agency or the state officer are unable to agree upon methods or time schedules to be used to correct the alleged noncompliance, the department may bring any action or initiate any other proceedings to enforce compliance with this subsection.

AB150-engrossed,594,3 (d) The department and the agency shall exchange information and cooperate in the planning and implementation of any activity relating to the taking, exportation, transportation or possession of any endangered species or threatened species in order to alleviate, to the extent practicable under the circumstances, any potential adverse effect on the endangered species or the threatened species.

AB150-engrossed,594,7 (e) Cooperation between the department and an agency under par. (d) may include conducting reasonable surveys upon the request of the department, unless the department determines that the requirements of public health, safety or welfare outweigh the need for the surveys.

AB150-engrossed,594,10 (f) Except as may be required under s. 1.11, no public notice or hearing is required in connection with interagency consultation and cooperation under this subsection.

AB150-engrossed, s. 1631m Section 1631m. 29.525 of the statutes is repealed.

AB150-engrossed, s. 1632 Section 1632. 29.544 (3) of the statutes is amended to read:

AB150-engrossed,594,21 29.544 (3) License required exceptions; wild rice identification card. Every person over the age of 16 and under the age of 65 shall obtain the appropriate wild rice license to harvest or deal in wild rice but no license to harvest is required of the members of the immediate family of a licensee or of a recipient of old-age assistance or general relief or members of their immediate families. The department shall issue a wild rice identification card to each member of a licensee's immediate family, to a recipient of old-age assistance or general relief and to each member of the recipient's family. The term "immediate family" includes husband and wife and minor children having their abode and domicile with the parent or legal guardian.

AB150-engrossed, s. 1633 Section 1633. 29.547 (1) (a) of the statutes is amended to read:

AB150-engrossed,594,24 29.547 (1) (a) "Dealer" means a person who buys purchases for purposes of resale at least 8 ounces of wild ginseng annually in a license year.

AB150-engrossed, s. 1634 Section 1634. 29.547 (1) (am) of the statutes is created to read:

AB150-engrossed,595,2 29.547 (1) (am) "License year" means the period beginning on July 1 of a given year and ending on the following June 30.

AB150-engrossed, s. 1635 Section 1635. 29.547 (1) (b) of the statutes is amended to read:

AB150-engrossed,595,6 29.547 (1) (b) "Wild ginseng" means ginseng an unprocessed plant, dry root, or live root or seed of the species Panax quinquefolius that is not grown or nurtured by a person.

AB150-engrossed, s. 1636 Section 1636. 29.547 (4) of the statutes is renumbered 29.547 (4) (intro.) and amended to read: