1997 Wisconsin Act 248

3. Class A wild rice dealer: $15.

4. Class B wild rice dealer: $50.

5. Class C wild rice dealer: $100.

6. Class D wild rice dealer: $150.

(b) Wild ginseng licenses. 1. Wild ginseng harvest issued to a resident: $15.

2. Wild ginseng harvest issued to a nonresident: $30.

3. Class A resident wild ginseng dealer: $100.

4. Class B resident wild ginseng dealer: $500.

5. Class C resident wild ginseng dealer: $1,000.

6. Nonresident wild ginseng dealer: $1,000.

(11) Miscellaneous permits and fees. The fees for other approvals are as follows:

(a) Permits. 1. Scientific collector: $0.

2. Endangered species: $100.

(b) Instructional programs. 1. Hunter education and firearm safety instruction fee: $3.

2. Trapper education instruction fee: the fee as established by rule.

(12) Duplicates of approvals. The fees for duplicate approvals are as follows:

(a) Hunting. 1. Deer: $10.25.

2. Archer, sports or conservation patron: $10.25 if deer tags are included; $7.25 after open season and deer tags are not included.

3. Other hunting: $6.25.

4. Class A bear: $13.

(b) Fishing. Fishing: $6.25.

(c) Other. 1. Senior citizen recreation: $2.

2. Hunter education and firearm safety course certificate of accomplishment: $2.

3. Trapper education course certificate of accomplishment: the fee as established by rule.

4. All other approvals for which an original fee is charged: $2.

(13) Wildlife damage surcharge. (a) Surcharge generally. The surcharge for approvals listed under subs. (2) (a) 1., 2. and 4. to 9. and (b) 1. to 8. and (4) (a) 1. and (b) 1. is $1 and shall be added to the fee specified for these approvals under subs. (2) and (4).

(b) Surcharge for conservation patron license. The surcharge for licenses listed under sub. (4) (a) 2. and (b) 2. is $2 and shall be added to the fee specified for these approvals under sub. (4).

(14) Processing, handling and issuing fees. The fees for processing, handling and issuing approvals are as follows:

(a) Processing fee. 1. The processing fee for applications for approvals under the hunter's choice deer hunting permit, bonus deer hunting permit, wild turkey hunting license, Class A bear license, Canada goose hunting permit, sharp-tailed grouse hunting permit, bobcat hunting and trapping permit, otter trapping permit, fisher trapping permit or sturgeon fishing permit: $2.75.

2. Joint application for a hunter's choice deer hunting permit and a bonus deer hunting permit: $2.75.

(b) Handling fee. Approvals designated by rule under s. 29.556: the fee as established by rule.

(c) Issuing fee. 1. Each license issued under subs. (2) to (10) and (12): 75 cents.

2. Each stamp issued under subs. (2) (e) and (3) (c): 25 cents.

3. Each application for a hunter's choice permit, bonus deer permit, wild turkey hunting license, Canada goose hunting permit, sharp-tailed grouse hunting permit, bobcat hunting and trapping permit, otter trapping permit, fisher trapping permit or sturgeon fishing permit: 25 cents.

248,602 Section 602 . 29.565 (title) of the statutes is renumbered 29.861 (title).

248,603 Section 603 . 29.565 (intro.) of the statutes is renumbered 29.861 (1) and amended to read:

29.861 (1) The department shall establish an animal wildlife exhibit where wild animals, allowed to roam at will, may be viewed by the public without charge on state owned lands over which the department has jurisdiction, or upon lands donated to the state for the purpose. The boundary of the area shall be marked by posts placed at intervals of not over 500 feet and bearing signs with the words “Wisconsin Wildlife Exhibit Area". The department shall provide shelters thereon, for the housing of the caretaker, and the sheltering, nursing and caring for orphaned wild animals, which shall be furnished by the department, which may accept private donations of such animals. Such animals shall be sheltered and cared for until they are old enough to release, but by providing food and shelter efforts shall be made to induce the animals to return to the area year after year.

Note: This provision is substantially simplified to make the management of the wildlife exhibit subject to DNR discretion.

248,604 Section 604 . 29.565 (1) of the statutes is repealed.

Note: The text of current s. 29.565 (1) is as follows:

“29.565 (1) The department shall employ a caretaker with long experience with wild animals, preferably a retired game warden, to manage the exhibit.".

This provision, and portions of s. 29.565 (intro.), are repealed because the staffing and management of DNR facilities should generally not be dictated by statute.

248,605 Section 605 . 29.565 (2) of the statutes is renumbered 29.861 (2) and amended to read:

29.861 (2) No person shall at any time or in any manner may hunt or trap within the boundaries of the area, nor have possession or control of therein, any gun or rifle wildlife exhibit or possess a gun or firearm within the boundaries of the wildlife exhibit unless it is unloaded and knocked down or enclosed in a carrying case.

248,606 Section 606 . 29.565 (3) of the statutes is repealed.

Note: The text of current s. 29.565 (3) is as follows:

“29.565 (3) The department may promulgate rules for the effective accomplishment of the purposes of this section including the duration of the exhibition season.".

This permissive grant of rule-making authority is unnecessary. The department may promulgate rules under its general rule-making authority.

248,607 Section 607 . 29.566 (title) of the statutes is created to read:

29.566 (title) Collection and deposit of fees.

248,608 Section 608 . 29.57 of the statutes is renumbered 29.621 and amended to read:

29.621 Wildlife refuges. (1) Establishment. The owner or owners of any tract, or contiguous tracts, of land comprising in the aggregate not less than 160 acres located outside the limits of any city or village, may apply to the department for the establishment of said lands the land as a wildlife refuge. The department may thereupon employ such means as it deems wise to inform itself regarding the premises; and if, upon inspection, investigation, hearing, or otherwise, it shall appear to the satisfaction of If the department determines that the establishment of said lands the land as a wildlife refuge will promote the conservation of one or more useful species or varieties native within to this state, it may by order designate and establish the said lands land as a wildlife refuge.

(2) Signs. Within 30 days after the date of such the order the owner or owners of the said lands land shall post or erect signs or notices as required and furnished by the department, proclaiming the establishment of said designating the refuge.

(3) Publication. No such The order shall be is not effective until at least 30 days after the date of its issue; nor unless issuance and until the department has caused notice thereof to be published, as a class 3 notice, under ch. 985, in the county embracing containing the lands. Thereupon the said lands land. The land shall be remain a wildlife refuge, and shall so remain for a period of not less than 5 years, from and after the date of effect stated in said order.

(4) (title) Absolute protection Protection. Except as provided in s. 29.56 29.091, no owner of lands embraced within any such a wildlife refuge, and no other person, may hunt or trap within the boundaries of any wildlife refuge or have in his or her possession or under his or her control therein any gun or rifle in the wildlife refuge a gun, firearm, bow or crossbow, unless the same gun or firearm is unloaded, the bow or crossbow is unstrung and the gun, firearm, bow or crossbow is enclosed within a carrying case. Nothing in this section may prohibit, prevent or interfere with the department, or its wardens, agents or employes, in the destruction of injurious animals.

(5) Animals procured by department. The department may place wild animals within any such wildlife refuge, for the purpose of propagation, wild animals of any species or variety.

248,609 Section 609 . 29.571 (title) and (1) of the statutes are renumbered 29.749 (title) and (1) and amended to read:

29.749 (title) Horicon marsh game preserve, fur farm, hatchery, dams and dam. (1) A wildlife refuge, game preserve and The department shall establish a fur farm shall be established on the Horicon marsh in Dodge county County under the supervision of the department.

248,610 Section 610 . 29.571 (2) and (3) of the statutes are repealed.

Note: Subsection (2) authorizes the DNR to construct a fish hatchery at Horicon marsh. The DNR has not constructed and has no plans for a fish hatchery there.

Subsection (3) authorizes DNR to acquire land for the Horicon marsh. DNR has general land acquisition authority under s. 23.09.

248,611 Section 611. 29.571 (4) of the statutes is renumbered 29.749 (2) and amended to read:

29.749 (2) The department may construct and maintain a dam or dams in or near the city of Horicon, to control and regulate the flood waters on the Rock river River, and to restore the public waters of Rock river River on Horicon marsh to the natural levels existing prior to the private drainage of the same marsh.

248,612 Section 612 . 29.571 (5) of the statutes is repealed.

Note: This provision directs the payment of proceeds from the fur farm at Horicon marsh and all other income from Horicon marsh. Section 25.29 provides that all moneys accruing to the state under ch. 29 are to be deposited in the conservation fund, so this provision is unnecessary.

248,613 Section 613 . 29.572 (title) of the statutes is renumbered 29.863 (title).

248,614 Section 614 . 29.572 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.863 (1) and amended to read:

29.863 (1) No person shall may cause, authorize or permit any lands or waters to be posted with signs of any kind indicating that such the lands or waters are licensed under ss. 29.573 to 29.578 29.865 to 29.871 unless such the lands and waters are in fact so licensed.

248,615 Section 615 . 29.572 (2) and (3) of the statutes are renumbered 29.863 (2) and (3) and amended to read:

29.863 (2) If any such a license under ss. 29.865 to 29.871 expires or lapses and is not renewed, the licensee, landowner or other person having control over such the lands or waters shall remove or cause such the signs to be removed within 45 days after the expiration or termination of such the license.

(3) Applications for the renewal of any a license issued under ss. 29.573 29.865 to 29.578 29.871 shall be filed with the department on or before the expiration date of the license, except that an application for renewal of this type of license may be filed not more than within 45 days after the expiration date if it is accompanied by the late filing fee specified under s. 29.092 (9) (i) 29.563 (9) (b) in addition to the regular license or renewal fee. If application for renewal of a license is not made as required in this subsection or if a license is terminated for any reason, all rights and privileges of the licensee under the license are terminated upon the expiration of the 45-day period provided in this subsection or on the date of termination, whichever occurs first. Thereafter, the lands and waters which were included under the license shall be subject to ss. 29.573 29.865 to 29.578 29.871.

248,616 Section 616 . 29.573 of the statutes is renumbered 29.865 and amended to read:

29.865 (title) Pheasant and quail farms; department control; shooting license. (1) The department may issue pheasant and quail farm licenses for shooting preserves and the releasing, shooting hunting, possession and use of pheasants and quail on pheasant and quail farms if, in the judgment of the department, operations under these licenses will result in a net increase in the supply of pheasants and quail in the state and will otherwise be in the public interest.

(2) No license shall may be granted issued unless the applicant owns or has under lease leases the area land for which the license is granted issued. Boundaries of the area land that is licensed shall be defined and posted as prescribed by the department.

(3) The department shall determine the minimum number of pheasants and quail to be released for shooting purposes hunting on the licensed premises and fix establish the time limits during which said the birds may be hunted.

(4) (a) Until the release of said pheasants and quail shall have been certified to and accepted is approved by the department, it shall be is unlawful to shoot, attempt to shoot or to otherwise take hunt pheasants or quail on the licensed premises licensed under this section, but when said. When the release shall have been certified and accepted is approved by the department, and when such persons are otherwise lawfully entitled to hunt small game, the licensee and such other persons as designated by the licensee designates who are lawfully entitled to hunt small game may hunt on the licensed premises, have in possession, and dispose of such by gift the pheasants or quail by gift.

(b) Each licensee shall keep a correct and complete book record of licensed birds as required by the department on forms furnished by the department. The licensed area premises and records may be inspected by the department or its wardens at any time. Copies of the records under oath and shall be furnished to the department on request.

(c) No pheasant or quail of the approved species licensed shall may be removed from the said licensed premises until there shall have been is securely attached to each bird a seal, the type and design of which shall be designated by the department, and such the seal shall remain attached to said the birds until they are finally prepared for consumption. Such The seal shall be supplied by the department at cost.

(5) Only dead birds which have been killed by shooting shall hunting may be removed from the licensed premises licensed under this section, and it shall be is unlawful to sell or attempt to sell or to buy or attempt to buy any such of these birds.

(6) (a) The department may promulgate such rules as shall be necessary to carry out the intents and purposes of this section, but no rule shall not require that an application or report be notarized.

(b) Any person violating the above provisions subs. (1) to (5) shall forfeit not more than $300.

(7) Any person other than the licensee, agents or persons having permission from or a person authorized by the licensee who are otherwise qualified under this chapter to hunt thereon, who hunts or shoots pheasants or quail upon any lands described in any such license on the licensed premises, is liable to the licensee for all damage which the person does to said preserve or the pheasants, or quail and property thereon, but all actions for such trespass any action to recover damages shall be brought by such the licensee.

Note: The provision that creates liability for damage to the property of a licensed pheasant and quail farm is eliminated, because this liability exists under general principles of law and does not need to be restated. The provision that creates liability for damage resulting from unauthorized hunting of pheasant and quail on a licensed farm is retained, because this provision negates the ability of the unauthorized hunter to argue that the pheasant and quail were the property of the state and could be hunted in the same manner as other animals.

(8) Notwithstanding any other provision of the statutes to the contrary this chapter, no person hunting upon on a licensed shooting preserve pheasant or quail farm may be is required to hold a hunting license for hunting those game species for which the preserve has been licensed under this section.

248,617 Section 617 . 29.574 of the statutes is renumbered 29.867, and 29.867 (1), (2), (3), (3m), (3n), (5), (6) (a) and (c), (6m), (7) and (8), as renumbered, are amended to read:

29.867 (1) The owner or lessee of any lands within the state suitable for the breeding and propagating of game, birds or animals as may be approved by the department shall have the right may, upon complying with this section, to establish, operate and maintain a game bird and animal farm for the purpose of breeding, propagating, killing and selling game birds and game animals on such lands, the acreage and size of which shall be determined by the department. All waterfowl bred, propagated or held on a game bird and animal farm licensed pursuant to this section shall be enclosed within a covered enclosure by the licensee throughout the open season for hunting waterfowl in the state when written or oral notice is given to the licensee as required by the department or its agents.

(2) Such owner or lessee A person desiring to establish, operate and maintain a game bird and animal farm in conformity with this section, shall file with the department a verified declaration, describing the lands which such applicant for a license desires to use for the purpose of breeding and propagating such game birds or animals and setting forth also the title and leasehold of the applicant and the number of acres embraced in said tract an application in the form and with the information required by the department.

(3) Upon the filing of such declaration issuance of the license, the department shall forthwith investigate the same and may require the applicant to produce satisfactory evidence of the facts therein stated. It will be necessary for the licensee to purchase all wild game within the boundaries of the proposed farm of the species designated in the license, and to effect this purpose the department thereupon shall appoint one member person, the applicant licensee shall appoint one member person, and these 2 appointees shall select a 3rd member, the 3 to act as a board to go upon the lands embraced within the proposed license and person, to determine as near accurately as possible the number of wild birds and animals of the desired species thereon on the land at the time of the granting issuing of the license. The necessary expenses of all of the members of such board these persons shall be paid by the licensee. Within 30 days after the date of such the determination as accepted approved by the department, the licensee shall pay to the department a specified sum as may be determined by the department for those species of wild birds or wild and animals on the lands licensed premises that are desired for propagation purposes, the title of which rests is in the state. If upon such examination it appears that the applicant is the owner or lessee of said lands, and the applicant intends in good faith to establish, operate and maintain a game bird and animal farm, the department shall issue a license to the applicant describing such lands, and certifying that the licensee is lawfully entitled to use the same for the breeding, propagating, killing and selling of such game birds and animals thereon according to this section.

(3g) When such license has been granted the payment under sub. (3g) has been made, the licensee shall become the owner of all such game birds or animals thereon of the species licensed and of all of their offspring actually produced thereon and remaining thereon on the licensed premises, subject however to the jurisdiction of the department over all game.