1997 Wisconsin Act 248

248,334 Section 334 . 29.147 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.231 (1) and amended to read:

29.231 (1) A resident sports license shall be issued subject to s. 29.09 29.024 by the department 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 , and a nonresident sports license shall be issued subject to s. 29.09 29.024 by the department to any person who is not a resident and who meets these requirements applies for the license.

248,335 Section 335 . 29.147 (2) of the statutes is renumbered 29.231 (2) and amended to read:

29.231 (2) A resident sports license confers upon the licensee all of the combined privileges conferred by a resident small game hunting license, resident fishing license and resident deer hunting license subject to all of the duties, conditions, limitations and restrictions prescribed in this chapter and by department order of those licenses.

248,336 Section 336 . 29.147 (2m) of the statutes is renumbered 29.231 (3) and amended to read:

29.231 (3) A nonresident sports license confers upon the licensee all of the combined privileges conferred by a nonresident small game hunting license, nonresident fishing license and nonresident deer hunting license subject to all of the duties, conditions, limitations and restrictions prescribed in this chapter and by department order of those licenses.

248,337 Section 337 . 29.147 (3) of the statutes is renumbered 29.231 (4) and amended to read:

29.231 (4) The department or its duly authorized agents shall issue to each person who is issued a sports license a deer tag and back tag in the form and numbered as the department requires during years of open season for hunting deer.

248,338 Section 338 . 29.1475 (title) of the statutes is renumbered 29.235 (title).

248,339 Section 339 . 29.1475 (1) of the statutes is renumbered 29.235 (1) and amended to read:

29.235 (1) Issuance. A resident conservation patron license shall be issued subject to s. 29.09 29.024 by the department to any resident 14 years old or older who applies for the license. A nonresident conservation patron license shall be issued subject to s. 29.09 29.024 by the department to any person 14 years old or older who is not a resident and who applies for the license.

248,340 Section 340 . 29.1475 (2) and (2m) of the statutes, as affected by 1997 Wisconsin Act 1, are renumbered 29.235 (2) and (2m).

248,341 Section 341 . 29.1475 (3) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.235 (3) and amended to read:

29.235 (3) Authorization; admission to state parks and related areas. A person may operate a motor vehicle, except a motor bus, as defined in s. 340.01 (31), subject to the admission requirements under s. 27.01 (7), in any vehicle admission area under s. 27.01 (7) without having an admission receipt affixed to the vehicle or otherwise displayed and without paying a fee if the vehicle has as an occupant a conservation patron license holder of a resident or nonresident conservation patron license who can present the license upon demand in the vehicle admission area. The conservation patron license permits the license holder to enter Heritage Hill state park or a state trail without paying an admission fee.

248,342 Section 342 . 29.1475 (4) of the statutes is renumbered 29.235 (4) and amended to read:

29.235 (4) Deer tag and back tag. The department shall issue to each person who is issued a conservation patron license a deer tag and back tag in the form and numbered as the department requires.

248,343 Section 343 . 29.1475 (5) of the statutes is renumbered 29.235 (5).

248,344 Section 344 . 29.1475 (6) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.235 (6) and amended to read:

29.235 (6) Admission receipt. At the same time the department issues a conservation patron license, it may issue an annual resident or nonresident vehicle admission receipt or a special receipt for admission to state parks and similar areas. Alternatively or in addition, the The department may issue an annual resident or nonresident vehicle admission receipt or a special receipt 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 receipt under this subsection shall affix the receipt by its own adhesive to the interior surface of the lower left-hand corner of the windshield of the vehicle or otherwise display it as authorized under a rule promulgated under s. 27.01 (7) (e) 2. A receipt issued under this section is not considered part of a conservation patron license for the purpose of issuing a duplicate. No duplicate receipt may be issued for a receipt that is affixed by its own adhesive to a windshield unless the license holder provides evidence that the vehicle upon which the sticker receipt is affixed is no longer usable or that the vehicle was transferred to another person and the license holder presents the original receipt or remnants of it to the department. Section 29.09 (4) 29.024 (7) applies to the issuance of a duplicate receipt that is displayed as authorized under the rule promulgated under s. 27.01 (7) (e) 2.

248,345 Section 345 . 29.148 (title) of the statutes is renumbered 29.237 (title) and amended to read:

29.237 (title) Sturgeon spearing licenses license.

248,346 Section 346 . 29.148 (1) of the statutes is renumbered 29.237 (1).

248,347 Section 347 . 29.148 (1m) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.237 (1m) (intro.) and amended to read:

29.237 (1m) (intro.) Subject to s. 29.09 29.024 and any limit imposed under s. 29.174 (2) (eg) 29.192 (3), a sturgeon spearing license shall be issued by the department to any person applying for this license who:

248,348 Section 348 . 29.148 (1m) (a) of the statutes is renumbered 29.237 (1m) (a).

248,349 Section 349 . 29.148 (1m) (b) and (c) of the statutes are renumbered 29.237 (1m) (b) and (c) and amended to read:

29.237 (1m) (b) Is at least 14 years of age and holds a sports license issued under s. 29.147; or

(c) Holds a resident fishing license issued under s. 29.145, or a nonresident fishing license issued under s. 29.14.

248,350 Section 350 . 29.148 (2) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.237 (2).

248,351 Section 351 . 29.148 (3) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.237 (3) and amended to read:

29.237 (3) A sturgeon spearing license authorizes the spearing of rock or lake sturgeon subject to any limit imposed under s. 29.174 (2) (eg) 29.192 (3) and only during the open season for spearing these sturgeon established by the department. No person may fish for sturgeon by means of a spear unless the person is issued a conservation patron license or unless the person is issued a sturgeon spearing license. The conservation patron license or the sturgeon spearing license shall be carried on the person of the licensee at all times while fishing for sturgeon by means of a spear.

248,352 Section 352 . 29.149 (title) of the statutes is renumbered 29.191 (4) (title).

248,353 Section 353 . 29.149 (1) (intro.) of the statutes is renumbered 29.191 (4) (a) (intro.) and amended to read:

29.191 (4) (a) Definition. (intro.) As used in In this section subsection, “inland trout waters" means inland waters except that but this term excludes all of the following:

248,354 Section 354 . 29.149 (1) (a) of the statutes is renumbered 29.191 (4) (a) 1. and amended to read:

29.191 (4) (a) 1. Any harbor on Lake Michigan or Lake Superior;.

248,355 Section 355 . 29.149 (1) (b) of the statutes is renumbered 29.191 (4) (a) 2. and amended to read:

29.191 (4) (a) 2. Any river or stream tributary of Lake Michigan or Green Bay, except the Kewaunee river, from its mouth upstream to the first dam or lake; and.

248,356 Section 356 . 29.149 (1) (c) of the statutes is repealed.

248,357 Section 357 . 29.149 (2) and (3) of the statutes, as affected by 1997 Wisconsin Act 27, are renumbered 29.191 (4) (b) and (c) and amended to read:

29.191 (4) (b) Requirement. Except as provided under sub. (4) in par. (d), no person may fish for trout in inland trout waters unless he or she is issued a conservation patron license or unless he or she is issued an inland waters trout stamp which is attached to or imprinted on the person's fishing license or sports license in the manner required by the rule promulgated under s. 29.09 (3m) 29.024 (5) (a) 3.

(c) Issuance. The department shall issue an inland waters trout stamp subject to s. 29.09 29.024 to each person holding or applying for a fishing license under s. 29.09 (12) (a), 29.14 (2) to (6), 29.145 (1c) to (2) or 29.146 or a sports license under s. 29.147 if the person uses or intends to use the license for trout fishing in inland trout waters of the state.

248,358 Section 358 . 29.149 (4) of the statutes is renumbered 29.191 (4) (d) and amended to read:

29.191 (4) (d) Exemption. Any person who is exempt from the requirement to have a fishing license or who is not required to pay a fee for a fishing license is exempt from the requirements under sub. (2) par. (b).

248,359 Section 359 . 29.149 (5) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.191 (4) (e) and amended to read:

29.191 (4) (e) Use of moneys from fees. The department shall expend the receipts from the sale under this section subsection of inland waters trout stamps on improving and maintaining trout habitat in inland trout waters, conducting trout surveys in inland trout waters and administering this section subsection.

248,360 Section 360 . 29.15 (title) of the statutes is renumbered 29.191 (5) (title).

248,361 Section 361 . 29.15 (1) (intro.) and (a) (intro.) of the statutes are consolidated, renumbered 29.191 (5) (a) (intro.) and amended to read:

29.191 (5) (a) Definition. (intro.) As used in In this section: (a) “Outlying subsection, “ outlying trout and salmon waters" means any outlying waters except and this term includes all of the following:

248,362 Section 362 . 29.15 (1) (a) 1. of the statutes is renumbered 29.191 (5) (a) 1. and amended to read:

29.191 (5) (a) 1. Any river or stream tributary of Lake Michigan or Green Bay, except the Kewaunee river, from its mouth upstream to the first dam or lake; and.

248,363 Section 363 . 29.15 (1) (a) 2. of the statutes is repealed.

248,364 Section 364 . 29.15 (1) (b) of the statutes is repealed.

248,365 Section 365 . 29.15 (2) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.191 (5) (b) and amended to read:

29.191 (5) (b) 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 attached to or imprinted on the person's fishing license or sports license in the manner required by the rule promulgated under s. 29.09 (3m) 29.024 (5) (a) 3.

248,366 Section 366 . 29.15 (3) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.191 (5) (c) and amended to read:

29.191 (5) (c) Issuance. The department shall issue a Great Lakes trout and salmon stamp shall be issued subject to s. 29.09 by the department 29.024 to any person holding or applying for a fishing license under s. 29.09 (12) (a), 29.14 (2) to (7), 29.145 (1c) to (2) or 29.146 or a sports license under s. 29.147 if the person intends to use the license for trout or salmon fishing in the outlying trout and salmon waters of the state.

248,367 Section 367 . 29.15 (4) and (5) of the statutes are renumbered 29.191 (5) (d) and (e) and amended to read:

29.191 (5) (d) Exemptions. This section subsection does not apply to a person who is exempt from the payment or requirement for a fishing license.

(e) Use of fees. The department shall expend the receipts from the sale of Great Lakes trout and salmon stamps to supplement and enhance the existing trout and salmon rearing and stocking program for outlying waters and to administer this section subsection.

248,368 Section 368 . 29.155 (title) and (1) of the statutes are renumbered 29.197 (title) and (1).

248,369 Section 369 . 29.155 (1g) (intro.) of the statutes is renumbered 29.197 (2) (intro.) and amended to read:

29.197 (2) Waiver. (intro.) For a special event or program that involves a recreational activity and that is sponsored or approved by the department, the department may, by rule, waive the requirement that persons be issued have approvals required under this chapter, and pay the applicable fees, for the recreational activity if the department finds that all of the following apply:

248,370 Section 370. 29.155 (1g) (a) of the statutes is renumbered 29.197 (2) (a).

248,371 Section 371 . 29.155 (1g) (b) of the statutes is renumbered 29.197 (2) (b) and amended to read:

29.197 (2) (b) The waiver of the approval requirement will not result in a substantial loss of revenue to the department as determined by rule by the department.

248,372 Section 372 . 29.155 (1h) of the statutes is renumbered 29.197 (3) and amended to read:

29.197 (3) Weekend event. In addition to any special event or program sponsored under sub. (1g) (2), the department shall, by rule, for a special event for one weekend per year, waive the requirement that persons be issued fishing licenses under ss. 29.14 and 29.145 and pay the applicable fees in order to fish in the waters of this state. The department shall, by rule, designate to which inland or outlying waters this waiver shall apply.

248,373 Section 373 . 29.155 (1j) of the statutes is repealed.

248,374 Section 374 . 29.155 (1m), (1r), (2), (3) and (4) of the statutes are renumbered 29.197 (4), (5), (6), (7) and (8) and amended to read:

29.197 (4) (title) Publicizing. The department shall, in cooperation with and with the assistance of the department of tourism, publicize the special events and programs sponsored or approved under sub. (1g) or (1h) this section.

(5) (title) Conditions,; limitations. For a recreational activity that is the subject of the special event or program sponsored or approved under sub. (1g) or (1h) under this section, the department, by rule or written authorization, may waive conditions, limitations or restrictions required under this chapter or may establish reasonable conditions, limitations or restrictions that are in addition to those required under this chapter.

(6) (title) Limitation Limitations on participants. (a) Persons who fish or hunt during in events or programs sponsored or approved under sub. (1g) or (1h) under this section may not sell, trade or barter the wild animals taken during the event or program, and they. These persons are subject to all other conditions, limitations and restrictions required under this chapter except those waived under sub. (1r).

(b) Persons who help or assist in conducting a special event or program sponsored or approved under sub. (1g), who are not employes of the department, and who are engaged in the recreational activity, are not exempt from possessing the approvals required under this chapter for the recreational activity.

(7) Exclusion. No person who holds a commercial fishing license issued under s. 29.33 29.519 may fish during in an event or program sponsored or approved under sub. (1g) or (1h) under this section.

(8) Requests for waivers. Any person conducting a special event or program that involves a recreational activity for which an approval is required under this chapter may request a waiver of the approval requirement from the department. A denial of a waiver request is not subject to further review under ch. 227.

248,375 Section 375 . 29.156 of the statutes is renumbered 29.199.

248,376 Section 376 . 29.157 of the statutes is renumbered 29.201.

248,377 Section 377 . 29.16 of the statutes is renumbered 29.045 and amended to read:

29.045 Interstate license privileges. (1) Fishing privileges. Whenever and so long as If the states state of Michigan, Minnesota or Iowa confer confers upon the fishing licensees of this state reciprocal rights, privileges and immunities, any hook and line or other a fishing license issued by such the other state shall entitle entitles the licensee to all the rights, privileges and immunities, in and upon the boundary waters between such state and this state, enjoyed by the holders the states, of the holder of an equivalent licenses license issued by this state;, but subject, however, to the duties, responsibilities and liabilities imposed on its own licensees by the laws of this state.

(2) Commercial clamming privileges. Whenever and so long as If the states state of Michigan, Minnesota, or Iowa, Illinois or Missouri confer confers upon the commercial clamming licensees of this state reciprocal rights, privileges and immunities, any commercial clamming license issued by such the other state shall entitle entitles the licensee to all the rights, privileges and immunities, in and upon the boundary waters between Michigan and this state, between, Minnesota and this state and between Iowa and this state, enjoyed by the holders of the holder of an equivalent licenses license issued by this state;, but subject, however, to the duties, responsibilities and liabilities imposed on its own licensees by the laws of this state.

248,378 Section 378 . Subchapter III (title) of chapter 29 [precedes 29.161] of the statutes is created to read:

Chapter 29

Subchapter III
Hunting, trapping and
Fishing Approvals

248,379 Section 379 . 29.165 of the statutes is renumbered 29.512, and 29.512 (1), as renumbered, is amended to read:

29.512 (1) No person may engage or be employed for any compensation or reward to guide, direct or assist any other person in hunting, fishing or trapping unless the person is issued a guide license is duly issued to the person by the department subject to s. 29.09 29.024. No guide license for hunting or trapping may be issued to or obtained by any person who is not a resident of this state. No guide license may be issued to any person under the age of 18 years. The applicant shall deliver to the department an oath of office that he or she will well and faithfully perform the duties and responsibilities as a guide licensed by the department and observe and holder of a guide license shall comply with all of the requirements of this chapter and the rules of the department.

248,380 Section 380 . 29.166 of the statutes is renumbered 29.514 and amended to read:

29.514 Outlying water sport trolling licenses. (1) No person may be engaged or be employed for any compensation or reward to guide any other person in sport trolling for trout or salmon in and upon the outlying waters of Lake Michigan, Green Bay or Lake Superior unless the person is duly issued a sport trolling license by the department subject to s. 29.09 29.024. No sport trolling license may be issued to any person under the age of 18 years. The application shall include the name and address of the applicant, the name of the home port from which the applicant will operate, the applicant's valid U.S. coast guard operator's license number and other information as required by the department for statistical purposes. The licensee and all persons on board the licensee's boat shall comply with all of the requirements of this chapter and the rules of the department. Boats used by the licensee shall meet minimum U.S. coast guard and this state's boat licensing and safety requirements.

(2) Each licensee shall keep an accurate record and account as to records of the number of each variety of fish taken under his or her sport trolling license and such other information as that the department requires, and shall report to the department on forms provided by the department on or before the 10th day of each month on the records for the preceding calendar month. The licensee is responsible for the number of fish taken and shall be held to account for the number.