1997 Wisconsin Act 248

248,539 Section 539 . 29.48 (title) of the statutes is renumbered 29.539 (title).

248,540 Section 540 . 29.48 (1) of the statutes is renumbered 29.539 (1), and 29.539 (1) (a), as renumbered, is amended to read:

29.539 (1) (a) Except as otherwise expressly provided under this chapter or rules promulgated under this chapter, no person may sell, buy, barter or trade, or offer to sell, buy, barter or trade or have in possession or under control for the purpose of sale, barter or trade any of the following:

1. Deer, bear, squirrel, game bird, game fish or the carcass thereof of any of these wild animals at any time.

2. Any other wild animal or the its carcass thereof during the closed season for that wild animal.

248,541 Section 541 . 29.48 (1m) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.539 (1m).

248,542 Section 542 . 29.48 (2) of the statutes is renumbered 29.539 (2).

248,543 Section 543 . 29.48 (3) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.539 (3).

248,544 Section 544 . 29.48 (4) and (5) of the statutes are renumbered 29.539 (4) and (5).

248,545 Section 545 . 29.48 (6) of the statutes is renumbered 29.539 (6) and amended to read:

29.539 (6) The sale of a species of fish specified under s. 29.136 29.506 (7m) (b) or of the carcass of any of these fish, is exempt under this section if the sale is authorized by a permit issued under s. 29.136 29.506 (7m).

248,546 Section 546 . 29.49 (title) of the statutes is renumbered 29.541 (title).

248,547 Section 547 . 29.49 (1) (title) of the statutes is renumbered 29.541 (1) (title) and amended to read:

29.541 (1) (title) Restaurants, etc. Prohibition.

248,548 Section 548 . 29.49 (1) (a) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.541 (1) (a) (intro.) and amended to read:

29.541 (1) (a) (intro.) No innkeeper, manager or steward of any restaurant, club, hotel, boarding house, tavern, logging camp or mining camp may sell, barter, serve or give, or cause to be sold, bartered, served or given, to the its guests or boarders thereof any of the following:

248,549 Section 549 . 29.49 (1) (a) 1. of the statutes is renumbered 29.541 (1) (a) 1. and amended to read:

29.541 (1) (a) 1. The meat of any deer, bear, squirrel, game bird or game fish taken from inland waters at any time; or.

248,550 Section 550 . 29.49 (1) (a) 2. of the statutes is renumbered 29.541 (1) (a) 2. and amended to read:

29.541 (1) (a) 2. The meat of any other game or other wild animal, or carcass or part thereof not listed in subd. 1., during the closed season therefor for the wild animal, whether such the meat is of animals a wild animal lawfully or unlawfully taken within or without the state.

248,551 Section 551 . 29.49 (1) (b) of the statutes is renumbered 29.541 (1) (b).

248,552 Section 552 . 29.49 (2) of the statutes is renumbered 29.541 (2) and amended to read:

29.541 (2) Free lunch. The giving, offering, or affording opportunity to take free lunch in any of the places named in sub. (1) shall be held to be is embraced within the prohibitions thereof of sub. (1).

248,553 Section 553 . 29.49 (3) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.541 (3).

248,554 Section 554. 29.50 of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.701, and 29.701 (1) (b), as renumbered, is amended to read:

29.701 (1) (b) The removal of fish which have died from natural causes or the removal of deleterious detrimental or rough fish by or as authorized by the department as authorized under this chapter.

248,555 Section 555 . Subchapter VI (title) of chapter 29 [precedes 29.501] of the statutes is created to read:

chapter 29

subchapter vi
commercial activities

248,556 Section 556 . 29.503 (2) (b) of the statutes is created to read:

29.503 (2) (b) No producer of fish who holds a commercial fishing license or contract under this chapter shall be required to obtain a license to sell the fish that he or she produces.

248,557 Section 557 . 29.51 (title) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.705 (title).

248,558 Section 558 . 29.51 (1) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.709 (intro.) and amended to read:

29.709 State fish hatcheries. (intro.) The department shall have general charge may operate state fish hatcheries and may do all of the following matters for operating state fish hatcheries, and all necessary powers therefor, namely:

248,559 Section 559 . 29.51 (1) (a), (b) and (c) of the statutes are renumbered 29.709 (1), (2), (3) and amended to read:

29.709 (1) The propagation and breeding of Breed and propagate fish of such species and varieties as they deem it determines to be of value.

(2) The collection and diffusion of useful Distribute information in regard to regarding the propagation and conservation of fish.

(3) The government and control, care, supply, and repair of Manage the state fish hatcheries and the grounds used therefor, whether owned or leased, and the buildings, ponds, fish car and other apparatus, and all other property belonging to or held by the state for the propagation of fish.

248,560 Section 560 . 29.51 (1) (d) of the statutes is repealed.

Note: The current text of s. 29.51 (1) (d) establishes some of the authority of the DNR with respect to state fish hatcheries, as follows:

“29.51 (1) (d) The purchase and establishment and control, in like manner, of new hatcheries when appropriations shall be made by law, and the establishment of such temporary hatching stations as they may deem necessary. With the consent and approval of the department, lands may be acquired by grant, devise or conveyance constituting a voluntary donation to or purchase by the state for the express purpose of enabling it to use such lands for establishing hatcheries and the propagation of fish."

The DNR has sufficient authority to acquire fish hatcheries under s. 23.09 (2) (d) 4.

248,561 Section 561 . 29.51 (1) (e) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.709 (4) and amended to read:

29.709 (4) Subject to s. 95.60, the receiving receive from the U.S. commissioners of fisheries, from the commissioners of fisheries of other states or from other persons of any person all fish eggs or fish donated to the state or purchased, and in the most practical ways, by exchange or otherwise, to procure, receive, exchange, distribute and dispose of fish eggs and fish; to make contracts and carry on the same for the transportation of fish cars, cans, departmental officers and employes by land or water as is most advantageous to the state; and to take such other measures as in their judgment best promotes the abundant supply of food fishes in the waters of the state.

248,562 Section 562 . 29.51 (1) (f) of the statutes is repealed.

Note: The current text of s. 29.51 (1) (f) establishes a portion of the authority of the DNR with respect to state fish hatcheries, as follows:

“29.51 (1) (f) The department shall keep an inventory of the property of the several hatcheries, with the cost of each article, and account in detail and separately of the expenses of each hatchery; also of the distribution of the fish, of maintaining and repairing property and of such improvements as may be ordered."

These functions are part of normal DNR fiscal and property management and need not be stated in the statutes.

248,563 Section 563 . 29.51 (2) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.705 (1) and amended to read:

29.705 (1) Transplantation of fish. The department may take or cause authorize to be taken fish at any time of the year from any waters of the state for stocking other waters or for the purpose of securing eggs for artificial propagation. These fish or eggs may be taken only under a special permit issued by the department and only in the presence of an employe or agent of the department or its wardens. This The permit shall specify the kinds of fish that may be taken and the manner in which they may be taken.

248,564 Section 564 . 29.51 (3) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.705 (3) and amended to read:

29.705 (3) Delivery of fish eggs. Any person fishing in any waters of this state shall deliver, on demand, to the department or its wardens or authorized agents, all kinds of agent any fish , during the spawning season, for the purpose of being stripped of their eggs and milt; and the person receiving them. The department or its agent shall, immediately after having stripped the fish, return them to the person from whom received. Any such person shall permit the The department, or its wardens, or authorized agents to agent may enter any boats, docks, grounds or other places where such the fish may be, for the purpose of stripping the same them while alive, and the person possessing the fish shall render such any assistance as that may be necessary to expedite the work of mixing the eggs and milt for proper impregnation.

248,565 Section 565 . 29.51 (3m) (title) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 29.705 (4) (title).

248,566 Section 566 . 29.51 (3m) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.705 (4) (a).

248,567 Section 567 . 29.51 (3m) (b) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 29.705 (4) (b).

248,568 Section 568 . 29.51 (4) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.705 (5) and amended to read:

29.705 (5) Removal of fish eggs or fish from state. No person may remove any fish eggs or live fish from this state except as authorized by law, unless or pursuant to a permit therefor has been issued to the person by the department. This subsection does not apply to farm-raised fish or eggs from farm-raised fish.

248,569 Section 569 . 29.51 (5) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.705 (6) (intro.).

248,570 Section 570 . 29.51 (5) (a) and (b) of the statutes, as created by 1997 Wisconsin Act 27, are renumbered 29.705 (6) (a) and (b).

248,571 Section 571 . 29.51 (6) of the statutes is renumbered 29.414 and amended to read:

29.414 Erection of barriers to exclude rough fish. The department may for any period in its discretion erect and maintain or authorize erection and maintenance of a screen or similar barrier in any navigable stream for the purpose of preventing rough fish or other fish found to be undesirable fish from invading any part of such the stream, provided such if the screen or barrier does not unreasonably interfere with navigation.

248,572 Section 572 . 29.51 (7) (title) of the statutes is repealed.

248,573 Section 573 . 29.51 (7) (a) and (b) of the statutes are consolidated, renumbered 29.411 and amended to read:

29.411 (title) C ooperation during a fish census. A person who is fishing shall cooperate with an employe of the department when the employe is involved in taking a fish census. (b) Section 29.99 29.971 does not apply to this subsection section.

248,574 Section 574 . 29.511 of the statutes is repealed.

Note: The current text of s. 29.511 is as follows:

“29.511 Cold water fish hatchery. In exercising the powers granted to the department under s. 29.51 the department shall purchase and establish fish hatchery facilities specializing in the production of cold water fish. The hatchery shall be located in a county centrally situated and no farther than 40 miles from Lake Michigan. The capacity of the fish hatchery should permit a minimum of 40,000 pounds of fish production."

This provision was created to allow the DNR to establish a cold water fish hatchery. That hatchery has been established, and the statute no longer serves a purpose.

248,575 Section 575 . 29.512 of the statutes is repealed.

Note: The current text of s. 29.512 (1) is as follows:

29.512 (1) Upon complaint in writing by an owner or lessee of land to the department that operation of the well by the department at the Bayfield fish hatchery has caused damage through disruption of well operations located within 10,000 feet of the fish hatchery well, the department shall inquire into the matter. If it appears to the department that the facts stated in the complaint are true, the department shall pay to the claimant the amount of such damages, as determined by the department."

This provision allowed the DNR to address damage caused by the well at the Bayfield fish hatchery when the well was constructed. The statute no longer serves a purpose.

248,576 Section 576 . 29.513 (title) of the statutes is renumbered 29.737 (title).

248,577 Section 577 . 29.513 (1) to (4) of the statutes are renumbered 29.737 (1) to (4) and amended to read:

29.737 (1) Any person or persons owning all of the land bordering on any a navigable lake that is completely landlocked may apply to the department for a permit to remove, destroy or introduce fish in such the lake.

(2) Upon receiving such application the The department shall hold a public hearing on the permit application in the vicinity of such the lake, and if the department determines that the hearing is favorable the department may issue a permit authorizing the applicant to remove, destroy or introduce fish in such the lake.

(3) Such permit The department shall be subject to such impose appropriate terms, conditions and limitations as the department deems proper on the permit. All work done under the authority of such permit shall be under the supervision of employes or agents of the department or its agents, who shall be afforded have free access to such the lake at all times for such that purpose by the permittee. The permittee shall pay the expenses of such the supervision shall be paid by the permittee.

(4) All fish removed from such the lake under such a permit shall be turned over to disposed of as directed by the department.

248,578 Section 578 . 29.513 (5) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 29.737 (5).

248,579 Section 579 . 29.514 of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 29.738.

248,580 Section 580 . 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.

248,581 Section 581 . 29.521 of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 29.733.

248,582 Section 582 . 29.525 of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 29.735.

248,583 Section 583 . 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).