1997 Wisconsin Act 27

27,1015 Section 1015 . 29.105 (1) of the statutes is amended to read:

29.105 (1) Issuance. A resident deer hunting license shall be issued subject to s. 29.09 by the department or by a county clerk to any resident applying for this license.

27,1017 Section 1017 . 29.105 (3) of the statutes is amended to read:

29.105 (3) Deer tag and back tag. The department or county clerk 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.

27,1017g Section 1017g. 29.107 (4) of the statutes is amended to read:

29.107 (4) (title) Continuous Cumulative preference system; random selection. 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 continuous cumulative preference system established under this subsection and sub. (5). If the number of qualified applicants exceeds the number of special permits available in a preference category, the department shall select at random the applicants to be issued special permits.

27,1017k Section 1017k. 29.107 (5) (b) of the statutes is amended to read:

29.107 (5) (b) Second preference. The department shall create a 2nd preference category in issuing special deer hunting permits to resident applicants who applied for but were not issued special permits for a given deer management area for the prior previous season. Within this preference category, the department shall give a preference point to each applicant for each consecutive preceding 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.

27,1017m Section 1017m. 29.107 (5) (d) of the statutes is created to read:

29.107 (5) (d) Random selection. If the number of applicants within a preference category or a subcategory under this subsection exceeds the number of special deer hunting permits available in the category or subcategory, the department shall select at random within the category or subcategory the applicants to be issued the permits.

27,1017r Section 1017r. 29.1085 (3) (b) of the statutes, as affected by 1997 Wisconsin Act 1, is amended to read:

29.1085 (3) (b) Cumulative preference system; random selection. If the number of qualified applications for Class A bear licenses exceeds the number of available licenses, the department shall select applicants to be issued Class A bear licenses based upon a cumulative preference system. This system shall establish preference categories for those applicants who applied for but who were not issued Class A bear licenses or bear harvest permits under s. 29.1085 (3) (b), 1993 stats., in the previous season, with the highest preference category for those who have the most higher priority given to those categories with more preference points than those with fewer preference points. The department shall give a preference point to each applicant who applies for a given season and who is not selected or who is selected but declines to pay the required fee for a Class A bear license. Applicants who fail to apply at least once during any 3 consecutive years shall lose all previously accumulated preference points. The If the number of applicants within a preference category exceeds the number of Class A bear licenses available in the category, the department shall select at random the applicants to be issued Class A bear licenses within each the preference category.

27,1017rm Section 1017rm. 29.1085 (3) (c) 2. of the statutes, as affected by 1997 Wisconsin Act 1, is amended to read:

29.1085 (3) (c) 2. A Class B bear license shall be issued subject to s. 29.09 by the department or by a county clerk to any resident who applies for this license and who pays the required fee.

27,1020 Section 1020 . 29.11 of the statutes is amended to read:

29.11 Nonresident annual small game hunting license. A nonresident annual small game hunting license shall be issued subject to s. 29.09 by the department or by a county clerk 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.

27,1022 Section 1022 . 29.112 of the statutes is amended to read:

29.112 Nonresident 5-day small game hunting license. A nonresident 5-day small game hunting license shall be issued subject to s. 29.09 by the department or by a county clerk 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.

27,1024 Section 1024 . 29.113 (1) of the statutes is amended to read:

29.113 (1) Issuance. A nonresident deer hunting license shall be issued subject to s. 29.09 by the department or by a county clerk to any nonresident applying for this license.

27,1026 Section 1026 . 29.113 (3) of the statutes is amended to read:

29.113 (3) Deer tag and back tag. The department or county clerk 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.

27,1027 Section 1027 . 29.114 (1) of the statutes is amended to read:

29.114 (1) Issuance. A nonresident bear hunting license shall be issued subject to s. 29.09 by the department or by a county clerk to any nonresident applying for this license.

27,1029 Section 1029 . 29.116 of the statutes is amended to read:

29.116 Nonresident fur-bearing animal hunting license. A nonresident fur-bearing animal hunting license shall be issued subject to s. 29.09 by the department or a county clerk to any nonresident applying for this license. The nonresident fur-bearing animal hunting license authorizes the hunting of skunk, raccoon, fox, weasel, opossum, coyote and wildcat during the appropriate open season but does not authorize the hunting of other fur-bearing animals, other small game, deer or bear.

27,1031 Section 1031 . 29.117 (1) of the statutes is amended to read:

29.117 (1) Issuance. A nonresident archer hunting license shall be issued subject to s. 29.09 by the department or by a county clerk to any nonresident applying for this license.

27,1033 Section 1033 . 29.117 (3) of the statutes is amended to read:

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

27,1034 Section 1034 . 29.13 (1) (a) of the statutes is amended to read:

29.13 (1) (a) Issuance. A trapping license shall be issued subject to s. 29.09 by the department or by a county clerk to any resident applying for this license.

27,1034m Section 1034m. 29.135 (8) of the statutes is created to read:

29.135 (8) Exemption. This section does not apply to fish produced in a state or municipal fish hatchery or to farm-raised fish.

27,1039 Section 1039 . 29.136 (7m) (a) of the statutes is amended to read:

29.136 (7m) (a) The department shall issue a taxidermy school permit to a person who applies for the permit; who, on August 15, 1991, holds a valid taxidermist permit issued under this section; and who, on August 15, 1991, operates a taxidermy school approved by the department of education educational approval board under s. 38.51 39.51.

27,1040h Section 1040h. 29.137 (8) of the statutes is amended to read:

29.137 (8) This section does not apply to bait produced in a private state or municipal fish hatchery licensed under s. 29.52 or to bait that is farm-raised fish.

27,1041 Section 1041 . 29.138 of the statutes is created to read:

29.138 Fishing approvals issued by the Lac du Flambeau band. (1) Definitions. In this section:

(a) “Band" means the Lac du Flambeau band of Lake Superior Chippewa.

(b) “Reservation" means the territory within the boundaries of the Lac du Flambeau reservation that were in existence on April 10, 1996.

(2) Authorization for issuance. The band may issue one or more types of fishing approvals that are equivalent to one or more of the the following types of approvals by authorizing the same types of fishing by the same persons and in the same bodies of water:

(a) Nonresident annual fishing licenses.

(b) Nonresident 15-day fishing licenses.

(c) Nonresident 4-day fishing licenses.

(d) Nonresident annual family fishing licenses.

(e) Nonresident 15-day family fishing licenses.

(f) Nonresident 2-day sports fishing licenses.

(g) Resident annual fishing licenses.

(h) Resident 2-day sports fishing licenses.

(i) Husband and wife fishing licenses.

(j) Inland waters trout stamps.

(3) Requirements for issuance; fees; periods of validity. (a) For any approval issued under this section, the band shall collect the same amount that would be collected for the equivalent approval under s. 29.092, including the issuing fee under s. 29.092 (15). The band shall retain all of the fees collected under this paragraph.

(b) The band may not issue or sell approvals under this section in conjunction with discount coupons or as part of a promotion or other merchandising offer.

(c) For any approval issued under this section, the period of validity shall be the same as it would be for the equivalent approval under s. 29.093.

(d) The band may issue duplicates only for the approvals that it issues under this section.

(e) The band may issue approvals under this section only to applicants who appear in person on the reservation.

(4) Issuance; processing; records. (a) The band shall prepare, procure the printing of and supply all necessary approval blanks and applications for approvals issued under this section. Approval blanks and applications used under this section shall be numbered consecutively, at the time of printing, in a separate series for each kind of approval. Each license blank issued under this section shall be provided with a corresponding stub or carbon numbered with the serial number of the license. Each requisition for the printing of such approval blanks shall specify any serial numbers to be printed on the blanks.

(b) Each license issued under this section shall bear on its face the signature of the licensee, the date of issuance and the signature of the issuing agent. All licenses shall be issued in English and in ink.

(c) Before June 1 annually, the band shall submit a report to the department notifying it of the number of each type of approval that the band issued for the period beginning on April 1 of the previous year and ending on March 31 of the year in which the report is submitted.

(d) For law enforcement purposes, persons issuing approvals under this section shall make available for inspection by the department during normal business hours their records of all approvals issued, including copies of all licenses issued.

(e) The band shall ensure that a record of each approval issued under this section, including a copy of each license issued, is retained for at least 2 years after the date of expiration of the license.

(f) Sections 29.09 (2), (3) (b), (3m) (b), (4), (8) and (10) (b) and (c) and 29.092 (3r) do not apply to any approval that may be issued under this section.

(5) Restrictions on approvals. A person who is fishing under the authority of an approval issued under this section shall be subject to the same conditions, limitations and restriction as are imposed on the equivalent approval issued under s. 29.14, 29.145, 29.146. 29.147 or 29.149, including bag limits, size limits, rest days and closed seasons.

(6) Applicability. This section does not apply unless the department and the band have in effect a written agreement , approved by the joint committee on finance, under which the band agrees to comply with subs. (2) to (4) and that contains all of the following terms:

(a) The manner in which the band will limit its treaty-based right to fish outside the reservation.

(b) A requirement that the fees collected by the band under sub. (3) (a) be used only for fishery management within the reservation.

27,1042 Section 1042 . 29.139 of the statutes is created to read:

29.139 Department approvals issued on the Lac du Flambeau reservation. (1) Definitions. In this section:

(a) “Band" means the Lac du Flambeau band of Lake Superior Chippewa.

(b) “Reservation" means the territory within the boundaries of the Lac du Flambeau reservation that were in existence on April 10, 1996.

(2) Authorization. The band may elect to issue one or more of the following types of approvals, subject to s. 29.09, as an agent of the department:

(a) Nonresident annual fishing licenses.

(b) Nonresident 15-day fishing licenses.

(c) Nonresident 4-day fishing licenses.

(d) Nonresident annual family fishing licenses.

(e) Nonresident 15-day family fishing licenses.

(f) Nonresident 2-day sports fishing licenses.

(g) Resident annual fishing licenses.

(h) Resident 2-day sports fishing licenses.

(i) Husband and wife fishing licenses.

(j) Inland waters trout stamps.

(k) Resident sports licenses.

(L) Nonresident sports licenses.

(3) Fees; issuance. (a) The band shall collect the fee for an approval issued under sub. (2) in the same amount as is collected by the department for the approval, including the issuing fee. Except as provided in par. (b), the band shall retain the entire fee that it collects, including the issuing fee.

(b) For a resident or nonresident sports license, the band shall retain only the amount that is equal to the fee for an annual fishing license plus the issuing fee and shall remit the balance to the department.

(c) For a resident or nonresident sports license, in addition to the fees collected under par. (a), the band shall collect the wildlife damage surcharge and remit it to the department.

(d) The band may issue approvals under this section only to applicants who appear in person on the reservation.