1997 Wisconsin Act 27

(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.

(4) Revenues from issuance of department approvals on the reservation by others. (a) Annually, the department may pay to the band an amount for the issuance of the approvals specified in sub. (2) (a) to (L) within the reservation.

(b) If the department decides that it will make the payment under par. (a), it shall calculate the total amount of the payment to equal the sum of the following:

1. The amount in fees received by the department from the issuance of the approvals specified in sub. (2) (a) to (j) during the preceding year by issuing agents other than the band at locations within the reservation.

2. An amount calculated by multiplying the number of resident and nonresident sports licenses issued during the preceding year by issuing agents other than the band at locations within the reservation by the amount of the fee for an annual fishing license, including the portion of the issuing fee for an annual fishing license that the department receives.

(5) 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) and (3) 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 and retained by the band under sub. (3) be used only for fishery management within the reservation.

27,1043 Section 1043 . 29.14 (1) (a) of the statutes is amended to read:

29.14 (1) (a) Requirement. Except as provided under pars. (b) and (c) or s. 29.155 (1g) and (1h), except for persons with resident licenses under s. 29.09 (12) (a) and except as otherwise specifically provided by another section of this chapter, no nonresident may fish in the waters of this state unless a valid nonresident fishing license is issued to the person subject to s. 29.09 by the department or by a county clerk.

27,1045 Section 1045 . 29.14 (2) of the statutes is amended to read:

29.14 (2) Nonresident annual fishing license. The department or a county clerk shall issue a nonresident annual fishing license, subject to s. 29.09, to any nonresident who applies for this license.

27,1047 Section 1047. 29.14 (3) of the statutes is amended to read:

29.14 (3) Nonresident 15-day license. The department or a county clerk shall issue a nonresident 15-day fishing license, subject to s. 29.09, to any nonresident who applies for this license.

27,1049 Section 1049 . 29.14 (4) of the statutes is amended to read:

29.14 (4) Nonresident 4-day fishing license. The department or a county clerk shall issue a nonresident 4-day fishing license, subject to s. 29.09, to any nonresident who applies for this license.

27,1051 Section 1051 . 29.14 (5) of the statutes is amended to read:

29.14 (5) Nonresident annual family fishing license. The department or a county clerk shall issue a nonresident annual family fishing license, subject to s. 29.09, to any nonresident who applies for this license. This license entitles the husband, wife and any minor children to fish under this license.

27,1053 Section 1053 . 29.14 (6) of the statutes is amended to read:

29.14 (6) Nonresident 15-day family license. The department or a county clerk shall issue a nonresident 15-day family fishing license, subject to s. 29.09, to any nonresident who applies for this license. This license entitles the husband, wife and any minor children to fish under this license.

27,1055 Section 1055 . 29.14 (7) (a) of the statutes is amended to read:

29.14 (7) (a) Issuance. The department or a county clerk shall issue a nonresident 2-day sports fishing license, subject to s. 29.09, to any nonresident who applies for this license.

27,1057 Section 1057 . 29.14 (7) (c) of the statutes is amended to read:

29.14 (7) (c) Use of fees. The department shall deposit receipts from the sale of nonresident 2-day sports fishing licenses under this subsection in the conservation fund. The department shall credit 50% of these receipts to the appropriation under s. 20.370 (1) (ku) (4) (ku).

27,1058 Section 1058 . 29.145 (1) (a) of the statutes is amended to read:

29.145 (1) (a) Requirement. Except as provided under pars. (b) and (c) and ss. 29.155 (1g) and (1h) and 29.156 and except as specifically provided otherwise by another section of this chapter, no resident may fish in the waters of this state unless a valid resident fishing license is issued to the person subject to s. 29.09 by the department or by a county clerk or unless the person is issued a valid license, permit or card approval which authorizes fishing or entitles the holder to the rights and privileges of a fishing license.

27,1059d Section 1059d. 29.145 (1) (c) of the statutes is amended to read:

29.145 (1) (c) Exception; residents using nets for nongame fish. No fishing license is required for any resident to set, place or use any landing net, dip net, minnow seine or minnow dip net in order to fish for fish other than game fish.

27,1061 Section 1061 . 29.145 (2) (a) of the statutes is amended to read:

29.145 (2) (a) A resident annual fishing license shall be issued subject to s. 29.09 by the department or by a county clerk to a resident of the state applying for this license.

27,1063 Section 1063 . 29.145 (3) (a) of the statutes is amended to read:

29.145 (3) (a) Issuance. The department or a county clerk shall issue a resident 2-day sports fishing license, subject to s. 29.09, to any resident who applies for this license.

27,1065 Section 1065 . 29.145 (3) (c) of the statutes is amended to read:

29.145 (3) (c) Use of fees. The department shall deposit receipts from the sale of resident 2-day sports fishing licenses under this subsection in the conservation fund. The department shall credit 50% of these receipts to the appropriation under s. 20.370 (1) (ku) (4) (ku).

27,1066 Section 1066 . 29.146 of the statutes is amended to read:

29.146 Husband and wife fishing licenses. A combined husband and wife resident fishing license shall be issued subject to s. 29.09 by the department or a county clerk to residents applying for this license. This license confers upon both husband and wife the privileges of resident fishing licenses issued under s. 29.145.

27,1068 Section 1068 . 29.147 (1) of the statutes is amended to read:

29.147 (1) A resident sports license shall be issued subject to s. 29.09 by the department or by a county clerk 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 nonresident sports license shall be issued subject to s. 29.09 by the department or by a county clerk to any person who is not a resident and who meets these requirements.

27,1071 Section 1071 . 29.1475 (3) of the statutes is amended to read:

29.1475 (3) Authorization; admission to state parks and related areas. A conservation patron license permits any person may operate a vehicle, except a motor bus, as defined in s. 340.01 (31), having a conservation patron license holder as an occupant to enter in any vehicle admission area under s. 27.01 (7) without having an admission sticker receipt affixed to it the vehicle or otherwise displayed and without paying a fee if the vehicle has as an occupant a conservation patron license holder 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.

27,1072 Section 1072 . 29.1475 (6) of the statutes is amended to read:

29.1475 (6) (title) Admission sticker receipt. At the same time the department issues a conservation patron license, it may issue an annual resident or nonresident vehicle admission sticker receipt or a special sticker receipt for admission to state parks and similar areas. Alternatively or in addition, the department may issue an annual resident or nonresident vehicle admission sticker receipt or a special sticker 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 sticker receipt under this subsection shall affix the sticker receipt by its own adhesive to the interior surface of the lower left-hand corner of the windshield of the vehicle. A sticker 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 and no. No duplicate sticker shall 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 sticker receipt or remnants of it to the department. Section 29.09 (4) applies to the issuance of a duplicate receipt that is displayed as authorized under the rule promulgated under s. 27.01 (7) (e) 2.

27,1073 Section 1073 . 29.148 (1m) (intro.) of the statutes is amended to read:

29.148 (1m) (intro.)  A Subject to s. 29.09 and any limit imposed under s. 29.174 (2) (eg), a sturgeon spearing license shall be issued subject to s. 29.09 by the department or by a county clerk to any person applying for this license who:

27,1075 Section 1075 . 29.148 (1m) (intro.) of the statutes, as affected by 1997 Wisconsin Act .... (this act), section 1073, is amended to read:

29.148 (1m) (intro.) Subject to s. 29.09 and any limit imposed under s. 29.174 (2) (eg), a sturgeon spearing license shall be issued by the department or by a county clerk to any person applying for this license who:

27,1077 Section 1077 . 29.148 (2) of the statutes is amended to read:

29.148 (2) The sturgeon spearing license shall be accompanied by sturgeon carcass tags in the quantity to correspond with the season bag limit for spearing rock or lake sturgeon established by the department. The serial numbers of these tags shall be entered on the license by the person issuing agent the license or by the department.

27,1078 Section 1078 . 29.148 (3) of the statutes is amended to read:

29.148 (3) A sturgeon spearing license authorizes the spearing of rock or lake sturgeon subject to any limit imposed under s. 29.174 (2) (eg) 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.

27,1079 Section 1079 . 29.149 (2) of the statutes is amended to read:

29.149 (2) Requirement. Except as provided under sub. (4), 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 affixed by the stamp's adhesive to 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) (a) 3.

27,1080 Section 1080 . 29.149 (3) of the statutes is amended to read:

29.149 (3) Issuance. The department or a county clerk shall issue an inland waters trout stamp subject to s. 29.09 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. The trout stamp shall be designed and produced by the department as provided under s. 29.09 (13).

27,1081 Section 1081 . 29.149 (5) of the statutes is amended to read:

29.149 (5) Use of moneys from fees. The department shall expend the receipts from the sale under this section 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.

27,1082 Section 1082 . 29.15 (2) of the statutes is amended to read: