AB150-engrossed,584,128
29.093
(2) (g)
Restriction on the issuance of deer hunting licenses during the
9open season. Except as provided under par. (i) 1., no resident deer hunting license,
10nonresident deer hunting license,
resident sports license,
nonresident sports license,
11resident conservation patron license or
nonresident conservation patron license may
12be issued during the open season for the hunting of deer with firearms.
AB150-engrossed,584,1914
29.093
(2) (i) 2. A resident archer hunting license or a
resident conservation
15patron license issued during the open season for hunting deer with a bow and arrow
16authorizes such hunting beginning on the date of issuance if issued to a person who
17is a member of the U.S. armed forces who exhibits proof that he or she is in active
18service with the armed forces and that he or she is stationed in this state or is a
19resident of this state on furlough or leave.
AB150-engrossed,584,2521
29.093
(3) (c)
Resident disabled person fishing license. A
permanent fishing
22license issued
before the effective date of this paragraph .... [revisor inserts date], to
23a disabled person under s. 29.145 (1c) is valid from the date of issuance and remains
24valid
until March 31, 1996, as long as the licensee
is continues to be a resident and
25continues to meet the requirement of s. 29.145 (1c) (a), (b) or (c).
AB150-engrossed,585,32
29.093
(10) (b)
Endangered species permit. A permit issued under s. 29.415 (6)
3or (6m) is valid for the period designated by the department.
AB150-engrossed,585,75
29.093
(11) (c)
Wild ginseng dealer license. A
nonresident wild ginseng dealer
6license or a class A, class B or class C wild ginseng dealer license is valid from July
71 or the date of issuance, whichever is later, until the following June 30.
AB150-engrossed,585,119
29.103
(7) Use of moneys from fees. The fees collected from the sale of wild
10turkey hunting stamps under this section shall be deposited in the conservation fund
11and credited to the appropriation account under s. 20.370 (1) (ht).
AB150-engrossed,585,1513
29.1075
(3) Use of fees. The fees received from issuing permits under this
14section shall be deposited into the conservation fund and credited to the
15appropriation under s. 20.370
(4) (gq) (5) (fq).
AB150-engrossed,585,1917
29.145
(1c) (title)
Permanent fishing Fishing license for disabled persons.
18(intro.) The department shall issue
a permanent
an annual disabled person fishing
19license to any resident who applies for this license and who does one of the following:
AB150-engrossed,585,2521
29.147
(1) A
resident sports license shall be issued subject to s. 29.09 by the
22department or by a county clerk to any resident who is over the age of 12 years, a U.S.
23citizen, and who applies for this license and pays the minimum fee.
A nonresident
24sports license shall be issued subject to s. 29.09 by the department or by a county
25clerk to any person who is not a resident and who meets these requirements.
AB150-engrossed,586,52
29.147
(2) A
resident sports license confers upon the licensee all the combined
3privileges conferred by a resident small game hunting license, resident fishing
4license and resident deer hunting license subject to all the duties, conditions,
5limitations and restrictions prescribed in this chapter and by department order.
AB150-engrossed,586,117
29.147
(2m) A nonresident sports license confers upon the licensee all the
8combined privileges conferred by a nonresident small game hunting license,
9nonresident fishing license and nonresident deer hunting license subject to all the
10duties, conditions, limitations and restrictions prescribed in this chapter and by
11department order.
AB150-engrossed,586,1713
29.1475
(1) Issuance. A
resident conservation patron license shall be issued
14subject to s. 29.09 by the department to any resident 14 years old or older who applies
15for
this the license.
A nonresident conservation patron license shall be issued subject
16to s. 29.09 by the department to any person 14 years old or older who is not a resident
17and who applies for the license.
AB150-engrossed,587,219
29.1475
(2) (title)
Authorization;
resident hunting, fishing and trapping
20privileges. A
resident conservation patron license confers upon the licensee all the
21combined privileges conferred by a resident small game hunting license, resident
22deer hunting license,
resident wild turkey hunting license, resident bear hunting
23license, resident archer hunting license, waterfowl hunting stamp, pheasant
24hunting stamp, a wild turkey hunting stamp, resident annual fishing license,
1sturgeon spearing license, an inland waters trout stamp, a Great Lakes trout and
2salmon stamp and trapping license.
AB150-engrossed,587,114
29.1475
(2m) Authorization; nonresident hunting and fishing privileges. A
5nonresident conservation patron license confers upon the licensee all the combined
6privileges conferred by a nonresident small game hunting license, nonresident deer
7hunting license, nonresident wild turkey hunting license, nonresident bear hunting
8license, nonresident archer hunting license, waterfowl hunting stamp, pheasant
9hunting stamp, a wild turkey hunting stamp, nonresident annual fishing license,
10sturgeon spearing license, an inland waters trout stamp and a Great Lakes trout and
11salmon stamp.
AB150-engrossed,588,213
29.1475
(6) Admission sticker. At the same time the department issues a
14conservation patron license, it may issue an annual resident
or nonresident vehicle
15admission sticker or a special sticker for admission to state parks and similar areas.
16Alternatively or in addition, the department may issue an annual resident
or
17nonresident vehicle admission sticker or a special sticker for admission to state
18parks and similar areas to a person who has a conservation patron license on location
19at the state park or similar area. A person who is issued a sticker under this
20subsection shall affix the sticker by its own adhesive to the interior surface of the
21lower left-hand corner of the windshield of the vehicle. A sticker issued under this
22section is not considered part of a conservation patron license for the purpose of
23issuing a duplicate and no duplicate sticker shall be issued unless the license holder
24provides evidence that the vehicle upon which the sticker is affixed is no longer
1usable or that the vehicle was transferred to another person and the license holder
2presents the original sticker or remnants of it to the department.
AB150-engrossed,588,74
29.149
(5) Use of moneys from fees. The department shall expend the receipts
5from the sale of inland waters trout stamps on improving and maintaining trout
6habitat in
the inland trout waters
of the state, conducting trout surveys in inland
7trout waters and administering this section.
AB150-engrossed,588,149
29.15
(2) Requirement. No person may fish for trout or salmon in the outlying
10trout and salmon waters of the state unless the person is issued a resident or
11nonresident 2-day sports fishing license, unless the person is issued a conservation
12patron license
under s. 29.1475 or unless the person is issued a Great Lakes trout
13and salmon stamp which is affixed by the stamp's adhesive to the person's fishing
14license or sports license.
AB150-engrossed,588,1816
29.155
(1m) The department shall, in cooperation with and with the assistance
17of the department of
development tourism, publicize the special events and programs
18sponsored or approved under sub. (1g) or (1h).
AB150-engrossed,589,220
29.41
(3) Possess the raw skin of any muskrat, mink, otter, fisher or pine
21marten at any time unless the person is the holder of a scientific collector permit, fur
22dealer license, trapping license or
resident conservation patron license of current
23issue. No license is required for a person breeding, raising and producing domestic
24fur-bearing animals in captivity as defined in s. 29.579 or for a person authorized
1to take muskrats on a cranberry marsh under a permit issued to the person by the
2department.
AB150-engrossed,589,254
29.415
(1) Purpose. The legislature finds that certain wild animals and wild
5plants are endangered or threatened and are entitled to preservation and protection
6as a matter of general state concern. The federal endangered species act of 1973 and
7the Lacey act together provide for the protection of wild animals and wild plants
8threatened with worldwide extinction by prohibiting the importation of endangered
9or threatened wild animals and wild plants and by restricting and regulating
10interstate and foreign commerce in wild animals and wild plants taken in violation
11of state, federal and foreign laws. The states, however, must also assume their
12responsibility for conserving these wild animals and wild plants and for restricting
13the taking, possession, transportation, processing or sale of endangered or
14threatened wild animals and wild plants within their respective jurisdictions to
15assure their continued survival and propagation for the aesthetic, recreational and
16scientific purposes of future generations. The legislature finds that by
eliminating 17restricting the taking, possession or marketing of endangered species in this state
18and by establishing a program for conservation and restoration of these endangered
19or threatened species, their potential for continued existence will be strengthened.
20The legislature further finds that the activities of both individual persons and
21governmental agencies are tending to destroy the few remaining whole
22plant-animal communities in this state. Since these communities represent the only
23standard against which the effects of change can be measured, their preservation is
24of highest importance, and the legislature urges all persons and agencies to fully
25consider all decisions in this light.
AB150-engrossed,590,53
29.415
(2) (ac) "Agency" means a board, commission, committee, department,
4except the department of natural resources, or officer in the state government, except
5the governor, a district attorney or a military or judicial officer.
AB150-engrossed,590,87
29.415
(2) (ag) "Agency action" means any action authorized, funded or
8implemented by an agency.
AB150-engrossed,590,1110
29.415
(2) (bn) "Whole plant-animal community" means a group of species
11living together in a particular area, time and habitat.
AB150-engrossed,590,1413
29.415
(4) Prohibition. (intro.) Except as
provided in sub. (6r) or as permitted
14by departmental rule or permit:
AB150-engrossed,590,1916
29.415
(6m) Incidental take permits. (a) The department may issue a permit,
17under such terms and conditions as it may prescribe, authorizing a taking that
18otherwise is prohibited by this section if the taking is not for the purpose of, but will
19be only incidental to, the carrying out of a lawful activity.
AB150-engrossed,590,2220
(b) The department may not issue a permit under this subsection unless an
21applicant for the permit submits to the department a conservation plan and an
22implementing agreement. The conservation plan shall include all of the following:
AB150-engrossed,590,2523
1. A description of the impact that will likely occur to endangered species or
24threatened species specified by the department's endangered and threatened species
25list.
AB150-engrossed,591,2
12. The steps that the applicant will take to minimize and mitigate the impact
2that the endangered species or the threatened species will suffer.
AB150-engrossed,591,43
3. A description of the funding that the applicant will have available to
4implement the steps specified under subd. 2.
AB150-engrossed,591,65
4. A description of the alternative actions to the taking that the applicant has
6considered and the reasons that these alternatives will not be utilized.
AB150-engrossed,591,87
5. Any other measures that the department may determine to be necessary or
8appropriate.
AB150-engrossed,591,109
(d) An application for a permit under this subsection may contain more than
10one applicant.
AB150-engrossed,591,1611
(f) Upon receipt of an application for a permit and the accompanying
12conservation plan and implementing agreement for a proposed taking, the
13department shall publicize the application by announcing the application receipt
14and by giving a brief description of the proposed taking. The publicity shall be
15distributed to the news media in the vicinity of the proposed taking. The department
16shall establish a procedure for receipt of public comment on the proposed taking.
AB150-engrossed,591,2017
(g) After having considered the public comment received on the proposed
18taking, the department shall issue the permit if the department finds, based on the
19permit application, the conservation plan and the implementation agreement, that
20the taking will meet all of the following requirements:
AB150-engrossed,591,2221
1. The taking will not be for the purpose of, but will be only incidental to, the
22carrying out a lawful activity.
AB150-engrossed,591,2423
2. The applicant will, to the maximum extent practicable, minimize and
24mitigate the impact caused by the taking.
AB150-engrossed,592,2
13. The applicant will ensure that adequate funding for the conservation plan
2will be provided.
AB150-engrossed,592,53
4. The taking will not appreciably reduce the likelihood of the survival or
4recovery of the endangered species or threatened species, the whole plant-animal
5community of which it is a part or the habitat that is critical to its existence.
AB150-engrossed,592,66
5. Any measures required under par. (b) 5. will be met.
AB150-engrossed,592,97
(gm) The department may require that an applicant make additional
8assurances that the requirements under par. (g) 1. to 5. will be met before issuing a
9permit under par. (g).
AB150-engrossed,592,1310
(h) The department shall impose on the permit terms or conditions that the
11department finds necessary or appropriate to ensure that the requirements under
12par. (g) 1. to 5. will be met. These terms or conditions may include reporting and
13monitoring requirements.
AB150-engrossed,592,1514
(i) The department shall revoke a permit issued under this subsection if it finds
15that an applicant fails to comply with the terms and conditions of the permit.
AB150-engrossed,592,1916(j) A permit issued by the department is not required if a permit under
16 USC
171539 has been issued and the department determines that that the federal permit,
18along with its conservation plan and implementing agreement, comply with the
19requirements under this subsection.
AB150-engrossed,592,2020
(k) This subsection does not apply to interagency activities under sub. (6r).
AB150-engrossed,593,222
29.415
(6r) Consultation. (a) An agency shall notify the department at the
23earliest opportunity of the location, nature and extent of a proposed activity the
24agency may conduct, approve or fund that may affect an endangered or threatened
1species. The department may allow the taking, exportation, transportation or
2possession of an endangered or threatened species if all of the following apply:
AB150-engrossed,593,53
1. The activity is accomplished in accordance with interagency consultation
4procedures established by the department and the agency for the purpose of
5minimizing any adverse effect on the endangered or threatened species.
AB150-engrossed,593,106
2. The activity is not likely to jeopardize the continued existence and recovery
7of the endangered or threatened species, the whole plant-animal community of
8which it is a part or is not likely to result in the destruction or adverse modification
9of a habitat that is critical to the continued existence of the endangered species or
10the threatened species, as determined by the department under par. (b).
AB150-engrossed,593,1111
3. The benefit to public health, safety or welfare justifies the activity.
AB150-engrossed,593,1512
(b) For purposes of par. (a) 2., the department shall determined whether a habit
13is critical to the continued existence of an endangered or threatened species by
14considering the endangered species' or threatened species' global and state element
15ranking as defined by natural heritage inventory methodology.
AB150-engrossed,593,2316
(c) The department shall notify the agency if the department determines that
17there is reasonable cause for the department to determine that an activity is not
18being carried out in compliance with this subsection or with any environmental
19protection requirements developed through interagency consultation procedures. If
20the secretary of natural resources and the head, as defined in s. 15.01 (8), of the
21agency or the state officer are unable to agree upon methods or time schedules to be
22used to correct the alleged noncompliance, the department may bring any action or
23initiate any other proceedings to enforce compliance with this subsection.
AB150-engrossed,594,324
(d) The department and the agency shall exchange information and cooperate
25in the planning and implementation of any activity relating to the taking,
1exportation, transportation or possession of any endangered species or threatened
2species in order to alleviate, to the extent practicable under the circumstances, any
3potential adverse effect on the endangered species or the threatened species.
AB150-engrossed,594,74
(e) Cooperation between the department and an agency under par. (d) may
5include conducting reasonable surveys upon the request of the department, unless
6the department determines that the requirements of public health, safety or welfare
7outweigh the need for the surveys.
AB150-engrossed,594,108
(f) Except as may be required under s. 1.11, no public notice or hearing is
9required in connection with interagency consultation and cooperation under this
10subsection.
AB150-engrossed,594,2113
29.544
(3) License required exceptions; wild rice identification card. Every
14person over the age of 16 and under the age of 65 shall obtain the appropriate wild
15rice license to harvest or deal in wild rice but no license to harvest is required of the
16members of the immediate family of a licensee or of a recipient of old-age assistance
17or general relief or members of their immediate families. The department shall issue
18a wild rice identification card to each member of a licensee's immediate family, to a
19recipient of old-age assistance
or general relief and to each member of the recipient's
20family. The term "immediate family" includes husband and wife and minor children
21having their abode and domicile with the parent or legal guardian.
AB150-engrossed,594,2423
29.547
(1) (a) "Dealer" means a person who
buys purchases for purposes of
24resale at least 8 ounces of wild ginseng
annually
in a license year.
AB150-engrossed,595,2
129.547
(1) (am) "License year" means the period beginning on July 1 of a given
2year and ending on the following June 30.
AB150-engrossed,595,64
29.547
(1) (b) "Wild ginseng" means
ginseng an unprocessed plant, dry root
,
or 5live root
or seed of the species Panax quinquefolius that is not grown or nurtured by
6a person.
AB150-engrossed, s. 1636
7Section
1636. 29.547 (4) of the statutes is renumbered 29.547 (4) (intro.) and
8amended to read: