1997 Wisconsin Act 248

248,226 Section 226 . 29.103 (5) (title) of the statutes is renumbered 29.164 (4) (title).

248,227 Section 227 . 29.103 (5) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.164 (4) (a) and amended to read:

29.164 (4) (a) Issuance. The wild turkey hunting stamp shall be issued by the department subject to s. 29.09 29.024.

248,228 Section 228 . 29.103 (5) (b) of the statutes is renumbered 29.164 (4) (b) and amended to read:

29.164 (4) (b) Tags. The department may provide require that tags to be issued with a wild turkey hunting stamp stamps.

248,229 Section 229 . 29.103 (6) of the statutes is repealed.

Note: Current s. 29.103 (6) provides:

“29.103 (6) Wild turkey hunting zones. The department may establish by rule wild turkey hunting zones where turkey hunting is permitted. The department may establish by rule closed zones where wild turkey hunting is prohibited.".

The requirement relating to establishment by rule of hunting zones where turkey hunting is prohibited and where it is closed is unnecessary since general authority is provided to the department by subch. II to establish open and closed hunting seasons and areas.

248,230 Section 230 . 29.103 (7) of the statutes is renumbered 29.164 (5) and amended to read:

29.164 (5) 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).

248,231 Section 231 . 29.104 (title) of the statutes is renumbered 29.171 (title).

248,232 Section 232 . 29.104 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.171 (1) and amended to read:

29.171 (1) A resident archer hunting license shall be issued subject to s. 29.09 29.024 by the department to any resident applying for this license.

248,233 Section 233 . 29.104 (2) of the statutes is renumbered 29.171 (2) and amended to read:

29.171 (2) A resident archer hunting license authorizes the hunting of all game, except bear and wild turkey, during the open seasons for hunting that game with bow and arrow established by the department. This license authorizes hunting with a bow and arrow only, unless hunting with a crossbow is authorized by a permit issued under s. 29.09 (9) 29.193 (2) (c) 1. or under sub. (4).

248,234 Section 234 . 29.104 (3) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.171 (3) and amended to read:

29.171 (3) The department shall issue to each person who is issued a resident archer hunting license a deer tag and a back tag in the form and numbered as required by the department.

248,235 Section 235 . 29.104 (4) of the statutes is renumbered 29.171 (4), and 29.171 (4) (b) (intro.), as renumbered, is amended to read:

29.171 (4) (b) (intro.) Crossbows used in hunting with a permit under s. 29.09 (9) 29.193 (2) (c) 1. or under this subsection shall meet all of the following specifications:

248,236 Section 236 . 29.105 (title) of the statutes is renumbered 29.173 (title).

248,237 Section 237 . 29.105 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.173 (1) and amended to read:

29.173 (1) Issuance. A resident deer hunting license shall be issued subject to s. 29.09 29.024 by the department to any resident applying for this license.

248,238 Section 238 . 29.105 (2) of the statutes is renumbered 29.173 (2).

248,239 Section 239 . 29.105 (3) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.173 (3) and amended to read:.

29.173 (3) Deer tag and back tag. The department shall issue to each person who is issued a resident deer hunting license a deer tag and a back tag in the form and numbered as required by the department.

248,240 Section 240 . 29.106 of the statutes is renumbered 29.079, and 29.079 (title), (1) and (2), as renumbered, are amended to read:

29.079 (title) Deer hunting by practitioners of Winnebago Ho-Chunk religion. (1) Persons who are enrolled members of the Winnebago Indian tribe Ho-Chunk nation and residents of this state and who practice the traditional Winnebago religion of the Ho-Chunk people may hunt deer during daylight hours for the members' use in religious ceremonies without obtaining licenses under this chapter. Each hunting party shall be designated by the respective clan. Each clan leader shall obtain permission for deer hunting under this section from the department not less than 24 hours prior to each hunt.

(2) The department shall promulgate rules necessary to control the conditions and location under which hunting under this section may take place. The department may deny permission for hunting under this section when it determines that such a denial is necessary to effectively manage the deer population. The number of deer taken by all of the Winnebago clans for religious purposes under sub. (1) during any calendar year shall be established by the department, by rule, when necessary to effectively manage the deer population. Hunting privileges under this section may not be exercised during the regular open season for deer.

248,241 Section 241 . 29.107 (title), (1), (2), (3) and (3m) of the statutes are renumbered 29.177 (title), (1), (2), (3) and (3m), and 29.177 (3) and (3m), as renumbered, are amended to read:

29.177 (3) Findings. The department may issue permits authorized under this section and s. 29.1075 29.181 only in those years in which the department finds that the size or characteristics of the deer population of this state require additional or special types of deer to be taken for proper game management.

(3m) Deer management rules. For the purposes of permits issued under this section and s. 29.1075 29.181, the department shall specify by rule the type and number of deer which may be taken, the deer management areas where these permits are valid, the number of permits to be issued and other restrictions and conditions concerning these permits.

248,242 Section 242 . 29.107 (4) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.177 (4) and amended to read:

29.177 (4) Cumulative preference system. If the number of qualified applicants for a type of special deer hunting permit in a deer management area exceeds the number of such available special permits, the department shall issue those special permits for that deer management area according to the cumulative preference system established under sub. (5).

248,243 Section 243 . 29.107 (5) (title) and (a) of the statutes are renumbered 29.177 (5) (title) and (a), and 29.177 (5) (a), as renumbered, is amended to read:

29.177 (5) (a) First preference. The department shall create a first preference category in issuing special deer hunting permits to for applicants who are qualified landowners, but not more than 30% of the available special permits for a deer management area for one season may be issued under this preference category.

248,244 Section 244 . 29.107 (5) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.177 (5) (b) and amended to read:

29.177 (5) (b) Second preference. The department shall create a 2nd preference category in issuing special deer hunting permits to for resident applicants who applied for but were not issued special permits for a given deer management area for the previous season. Within this preference category, the department shall give a preference point to each applicant for each previous season in which the person applied for but was not issued a special permit for that deer management area. The department shall create subcategories for each point total and place each applicant in the applicable subcategory. The department shall rank the subcategories according to the number of points received, giving higher priority to those subcategories with more points than those with fewer points. Applicants who fail to apply at least once during any 3 consecutive years shall lose all previously accumulated preference points.

248,245 Section 245 . 29.107 (5) (c) of the statutes is renumbered 29.177 (5) (c) and amended to read:

29.177 (5) (c) Third preference. The department shall create a 3rd preference category in issuing special deer hunting permits for those persons who are not eligible under the 1st or 2nd preference categories.

248,246 Section 246 . 29.107 (5) (d) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 29.177 (5) (d).

248,247 Section 247 . 29.107 (6) of the statutes is renumbered 29.177 (6).

248,248 Section 248 . 29.1075 (title) of the statutes is renumbered 29.181 (title).

248,249 Section 249 . 29.1075 (1b) of the statutes, as created by 1997 Wisconsin Act 1, is renumbered 29.181 (1b).

248,250 Section 250 . 29.1075 (1m) of the statutes, as affected by 1997 Wisconsin Act 1, is renumbered 29.181 (1m) and amended to read:

29.181 (1m) Issuance. Subject to s. 29.107 29.177 (3) and (3m), the department may issue a bonus deer hunting permit to a person who has a hunting license that authorizes the hunting of deer and who applies for the bonus deer hunting permit.

248,251 Section 251 . 29.1075 (2) of the statutes is renumbered 29.181 (2).

248,252 Section 252 . 29.1075 (2m) (intro.) and (a) of the statutes, as created by 1997 Wisconsin Act 1, are renumbered 29.181 (2m) (intro.) and (a).

248,253 Section 253 . 29.1075 (2m) (b) of the statutes, as created by 1997 Wisconsin Act 1, is renumbered 29.181 (2m) (b) and amended to read:

29.181 (2m) (b) The resident has been issued one bonus deer hunting permit for that season and for that deer management area for which the resident has paid the fee specified under s. 29.092 (2) (ku) 29.563 (2) (c) 1.

248,254 Section 254 . 29.1075 (3) of the statutes is renumbered 29.181 (3) and amended to read:

29.181 (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 (5) (fq).

248,255 Section 255 . 29.1085 (title) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.184 (title).

248,256 Section 256 . 29.1085 (1b) of the statutes, as created by 1997 Wisconsin Act 1, is renumbered 29.184 (1) and amended to read:

29.184 (1) Definition. Notwithstanding s. 29.01 (8) 29.001 (42), in this section “hunt bear" means to shoot, shoot at, take, catch or kill a bear or pursue, with or without the use of dogs, a bear for the purpose of shooting, shooting at, taking, catching or killing the bear.

248,257 Section 257 . 29.1085 (1m) of the statutes, as affected by 1997 Wisconsin Act 1, is renumbered 29.184 (2).

248,258 Section 258 . 29.1085 (2) of the statutes, as affected by 1997 Wisconsin Act 1, is renumbered 29.184 (3), and 29.184 (3) (a) (intro.), as renumbered, is amended to read:

29.184 (3) (a) Prohibition. (intro.) Except as authorized under a Class A bear license or a Class B bear license and under sub. (2m) (5), no person may do any of the following:

248,259 Section 259 . 29.1085 (2g) of the statutes, as created by 1997 Wisconsin Act 1, is renumbered 29.184 (4) and amended to read:

29.184 (4) Use of dogs. While a person is using a dog to hunt bear or to engage in any of the activities specified in sub. (2) (3) (br) 1. to 3., the person shall keep on his or her person any tag required for the dog under s. 95.21 (2) (f), 174.053 (2) or 174.07 (1) (e).

248,260 Section 260 . 29.1085 (2m) of the statutes, as created by 1997 Wisconsin Act 1, is renumbered 29.184 (5) and amended to read:

29.184 (5) Exemption. A person under the age of 12 years may engage in the activities authorized under sub. (2) (3) (br) 1. to 3. without holding a Class B bear license.

248,261 Section 261 . 29.1085 (3) (title) of the statutes is renumbered 29.184 (6) (title).

248,262 Section 262 . 29.1085 (3) (a) of the statutes, as affected by 1997 Wisconsin Act 1, is renumbered 29.184 (6) (a) and amended to read:

29.184 (6) (a) Application. A person who seeks a Class A or Class B bear hunting license shall apply to the department on forms provided by the department. The department may specify information to be included in the application and other requirements and procedures for application.

248,263 Section 263 . 29.1085 (3) (b) of the statutes, as affected by 1997 Wisconsin Acts 1 and 27, is renumbered 29.184 (6) (b).

248,264 Section 264. 29.1085 (3) (c) (title) of the statutes is renumbered 29.184 (6) (c) (title).

248,265 Section 265 . 29.1085 (3) (c) 1. of the statutes, as affected by 1997 Wisconsin Act 1, is renumbered 29.184 (6) (c) 1.

248,266 Section 266 . 29.1085 (3) (c) 2. of the statutes, as affected by 1997 Wisconsin Acts 1 and 27, is renumbered 29.184 (6) (c) 2. and amended to read:

29.184 (6) (c) 2. A Class B bear license shall be issued subject to s. 29.09 29.024 by the department to any resident who applies for this license and who pays the required fee.

248,267 Section 267 . 29.1085 (4) and (5) of the statutes, as affected by 1997 Wisconsin Act 1, are renumbered 29.184 (7) and (8).

248,268 Section 268 . 29.1085 (5g) of the statutes, as created by 1997 Wisconsin Act 1, is renumbered 29.184 (9) and amended to read:

29.184 (9) Back tag. (a) The department shall issue a back tag to each person who is issued a Class A bear license, and the department or county clerk shall issue a back tag to each person who is issued a Class B bear license. The back tag shall be in the form and numbered as required by the department.

(b) No person may hunt bear or engage in the activity specified in sub. (2) (3) (br) 1. or 3. unless there is attached to the center of the person's coat, shirt, jacket or similar outermost garment where it can clearly be seen the back tag issued to the person under par. (a).

248,269 Section 269 . 29.1085 (6) of the statutes is repealed.

Note: Current s. 29.1085 (6) provides:

“29.1085 (6) Rules. The department may promulgate rules to administer and interpret this section.".

The provision is repealed since it duplicates the rule-making authority in new subch. II.

248,270 Section 270 . 29.11 of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.204 and amended to read:

29.204 Nonresident annual small game hunting license. A nonresident annual small game hunting license shall be issued subject to s. 29.09 29.024 by the department to any nonresident applying for this license. The nonresident annual small game hunting license authorizes the hunting of small game during the appropriate open season but does not authorize the hunting of deer, bear, wild turkey or fur-bearing animals.

248,271 Section 271 . 29.112 of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.207 and amended to read:

29.207 Nonresident 5-day small game hunting license. A nonresident 5-day small game hunting license shall be issued subject to s. 29.09 29.024 by the department to any nonresident applying for this license. The nonresident 5-day small game hunting license authorizes the hunting of small game for which there is an open season during the 5-day period for which it is issued but does not authorize the hunting of deer, bear, wild turkey or fur-bearing animals.

248,272 Section 272 . 29.113 (title) of the statutes is renumbered 29.211 (title).

248,273 Section 273 . 29.113 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.211 (1) and amended to read:

29.211 (1) Issuance. A nonresident deer hunting license shall be issued subject to s. 29.09 29.024 by the department to any nonresident applying for this license.

248,274 Section 274 . 29.113 (2) of the statutes is renumbered 29.211 (2).

248,275 Section 275 . 29.113 (3) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.211 (3) and amended to read:

29.211 (3) Deer tag and back tag. The department shall issue to each person who is issued a nonresident deer hunting license a deer tag and a back tag in the form and numbered as required by the department.

248,276 Section 276 . 29.116 of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.213 and amended to read: