1997 Wisconsin Act 27

27,1115 Section 1115 . 29.36 (2) of the statutes is amended to read:

29.36 (2) No set or bank pole shall be used unless there is securely attached thereto a metal tag stamped with the number of the license covering the same. Tags shall be furnished by the department to the county clerk, or agents of the same or of the department and by such agency to the licensee at the time of issuing the license.

27,1115m Section 1115m. 29.36 (4) of the statutes is created to read:

29.36 (4) No person who holds a set or bank pole license may operate a fish farm that contains a species of fish that the holder of the license is authorized to catch under this section or under rules promulgated under this section.

27,1116 Section 1116 . 29.37 (1) of the statutes is amended to read:

29.37 (1) A setline license authorizing the use of setlines and hooks in inland waters in the manner determined by the department for taking, catching or killing fish shall be issued subject to s. 29.09 by the department or the county clerk of the county bordering on the waters where the setlines are intended and permitted to be used to any resident of the state applying for this license.

27,1118 Section 1118 . 29.37 (3) (b) of the statutes is amended to read:

29.37 (3) (b) The department or the county clerk shall issue setline tags to the licensee at the time of issuing the setline license.

27,1118m Section 1118m. 29.37 (5) of the statutes is created to read:

29.37 (5) No person who holds a set line license issued under this section may operate a fish farm that contains a kind of fish that the holder of the license is authorized to catch under this section or under rules promulgated under this section.

27,1119b Section 1119b. 29.405 (1) (intro.) and (b) of the statutes are consolidated, renumbered 29.405 (1) and amended to read:

29.405 (1) In this section: (b) “Group, “group deer hunting party" means 2 or more hunters hunting in a group all using firearms or all using bows and arrows, each of whom holds an individual license to hunt deer.

27,1119c Section 1119c. 29.405 (1) (a) of the statutes is repealed.

27,1119d Section 1119d. 29.405 (2) (intro.) and (b) of the statutes are consolidated, renumbered 29.405 (2) and amended to read:

29.405 (2) Any member of a group deer hunting party who are all using firearms may kill a deer for another member of the group deer hunting party if both of the following conditions exist: (b) The the person for whom the deer is killed possesses a current unused deer carcass tag which is authorized for use on the deer killed.

27,1119e Section 1119e. 29.405 (2) (a) of the statutes is repealed.

27,1119f Section 1119f. 29.405 (2m) of the statutes is created to read:

29.405 (2m) Any member of a group deer hunting party who are all using bows and arrows may kill an antlerless deer for another member of the group deer hunting party if the person for whom the antlerless deer is killed possesses a current unused deer carcass tag which is authorized for use on the antlerless deer killed.

27,1119g Section 1119g. 29.405 (3) of the statutes is amended to read:

29.405 (3) A person who kills a deer under sub. (2) or (2m) shall ensure that inform a member of his or her group deer hunting party without delay of the kill and shall ensure that the member attaches a his or her current validated deer carcass tag to the deer in the manner specified under s. 29.40 (2). The person who kills the deer may not leave the deer unattended until after it is tagged within one hour after the deer is killed. The person who killed the deer may not use a telephone, cellular mobile telecommunications device, radio or other means of electronic communication to inform any member of the group deer hunting party of the kill.

27,1119k Section 1119k. 29.42 (4) of the statutes is amended to read:

29.42 (4) (title) Farm-raised deer and fish. This section does not permit the seizure by the department, or prohibit the possession or sale, of farm-raised deer or farm-raised fish.

27,1119m Section 1119m. 29.43 (5) (b) of the statutes is amended to read:

29.43 (5) (b) Subsections (1) to (4) do not apply to the possession, transportation, delivery or receipt of farm-raised deer or farm-raised fish.

27,1119p Section 1119p. 29.44 (3) of the statutes is amended to read:

29.44 (3) Subsection (1) does not apply to the possession, transportation, delivery or receipt of farm-raised deer or farm-raised fish.

27,1119s Section 1119s. 29.47 (7) (title) of the statutes is repealed and recreated to read:

29.47 (7) (title) Exemptions.

27,1119t Section 1119t. 29.47 (7) of the statutes is renumbered 29.47 (7) (a).

27,1119u Section 1119u. 29.47 (7) (b) of the statutes is created to read:

29.47 (7) (b) This section does not apply to the transportation, delivery, receipt or shipping of farm-raised fish.

27,1119w Section 1119w. 29.48 (1m) of the statutes is amended to read:

29.48 (1m) Subsection (1) does not apply to farm-raised deer or farm-raised fish.

27,1119x Section 1119x. 29.48 (3) of the statutes is amended to read:

29.48 (3) The eggs from trout and salmon that are not farm-raised fish and that are lawfully taken and possessed, when removed from the fish under this chapter are exempted from this section if removed from the fish. The whole fish shall be taken to the buyer of the eggs and the eggs removed in the presence of the buyer. The fish carcass shall be legally disposed of.

27,1120c Section 1120c. 29.49 (1) (a) (intro.) of the statutes is amended to read:

29.49 (1) (a) (intro.) Except as provided in s. 29.52, no 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 guests or boarders thereof:

27,1120e Section 1120e. 29.49 (3) of the statutes is amended to read:

29.49 (3) Exemption. This section does not apply to the meat from farm-raised deer or from farm-raised fish.

27,1120hg Section 1120hg. 29.50 (title) of the statutes is amended to read:

29.50 (title) Propagation privileged of fish; protected wild animals.

27,1120hm Section 1120hm. 29.50 of the statutes is renumbered 29.50 (1) (intro.) and amended to read:

29.50 (1) (intro.) Nothing in the foregoing provisions this chapter concerning the protection of wild animals shall affect the applies to any of the following:

(a) The operation of state fish hatcheries, the.

(b) The removal of fish which have died from natural causes or the removal of deleterious fish by the department or under its authority; or the as authorized under this chapter.

(c) The propagation or transportation, collecting and transplanting of fish or fish fry by state authority; nor the by the department.

(d) The transportation of fish into or through this state or out of it by the commissioners of fisheries of other states or of the United States; nor the operation of private fish hatcheries, or the propagation of fish in private waters, or the.

(e) The transportation and sale of fish therefrom as hereinafter provided; but the.

(2) The department, or its agents and employes, shall may not furnish fish or fry from state hatcheries to private ponds, private clubs, corporations or preserves, and shall may not introduce, stock or plant them in waters where the general public is not allowed the rights and privileges enjoyed by any individual.

27,1120hr Section 1120hr. 29.50 (3) of the statutes is created to read:

29.50 (3) An operator of a fish farm, or an employe of the operator, may capture turtles that are on the fish farm, transport them to different locations and release them into the wild.

27,1120jm Section 1120jm. 29.51 (title) of the statutes is repealed and recreated to read:

29.51 (title) Propagation of fish; removal of fish.

27,1120km Section 1120km. 29.51 (1) (intro.) and (e) of the statutes are amended to read:

29.51 (1) (title) State fish hatcheries; fish management by state. (intro.) The department shall have general charge of the following matters for operating state fish hatcheries, and all necessary powers therefor, namely:

(e) The Subject to s. 95.60, the receiving from the U.S. commissioners of fisheries, from the commissioners of fisheries of other states or from other persons of all spawn, fry fish eggs or fish donated to the state or purchased, and in the most practical ways, by exchange or otherwise, to procure, receive, distribute and dispose of spawn 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.

27,1120np Section 1120np. 29.51 (2) of the statutes is amended to read:

29.51 (2) Transplantation of fish. The department may take or cause 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 the department or its wardens. This permit shall specify the kinds of fish that may be taken and the manner in which they may be taken. This permit is subject to the conditions that the holder pay for the services of and furnish free transportation and meals on his or her boat to a competent person approved by the department to spawn the fish and fertilize the eggs and that the eggs are delivered at the place designated by the department.

27,1120pm Section 1120pm. 29.51 (3) (title) of the statutes is amended to read:

29.51 (3) (title) Delivery of spawn fish eggs.

27,1120qg Section 1120qg. 29.51 (3m) (title) of the statutes is created to read:

29.51 (3m) (title) Destruction of fish eggs or fish.

27,1120qm Section 1120qm. 29.51 (3m) (b) of the statutes is created to read:

29.51 (3m) (b) Paragraph (a) does not authorize the department of natural resources to remove fish or fish eggs from a self-contained fish rearing facility or from a preexisting fish rearing facility that is barrier equipped and that is an artificial body of water unless the department of agriculture, trade and consumer protection has requested that the department of natural resources remove the fish or fish eggs to address a problem affecting fish health.

27,1120qr Section 1120qr. 29.51 (4) of the statutes is amended to read:

29.51 (4) (title) Removal of spawn fish eggs or fish from state. No person shall may remove any fish eggs or live fish from this state except as authorized by law, unless 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.

27,1120rg Section 1120rg. 29.51 (5) (title) of the statutes is repealed and recreated to read:

29.51 (5) (title) Fishing for propagation purposes.

27,1120rm Section 1120rm. 29.51 (5) of the statutes is renumbered 29.51 (5) (intro.) and amended to read:

29.51 (5) (intro.) No employe of the department, and no other person, while engaged in For the purposes of catching wild fish from the public waters for purposes of artificial propagation, shall or for introduction, stocking or planting in fish farms, no person may take or have possession or control of any kind of fish other than those that the person has been directed, by the department, to take therefrom. unless par. (a) or (b) applies:

27,1120rp Section 1120rp. 29.51 (5) (a) and (b) of the statutes are created to read:

29.51 (5) (a) The person has the approvals required under this chapter to take, possess or control that kind of fish.

(b) The person has been otherwise authorized by the department to take, possess or control that kind of fish.

27,1120vm Section 1120vm. 29.513 (5) of the statutes is created to read:

29.513 (5) A person who is using a navigable lake that is a freeze-out pond as a fish farm, or as part of a fish farm, is exempt from obtaining a permit under this section.

27,1120vr Section 1120vr. 29.514 of the statutes is created to read:

29.514 Private fishing preserves. (1) A single person may register with the department a natural, navigable, self-contained body of water as a private fishing preserve if all of the following apply:

(a) All of the use and occupancy rights in the land that is riparian to the body of water are owned or leased by the registrant.

(b) The registrant and any owner of the riparian land do not provide access to the body of water to the public by means of an easement or other right-of-way or by means of a business open to the public.

(2) No lake association, corporation or other association that is formed to establish a private fishing preserve is eligible to register under this section.

(3) A registration under this section is valid for one year.

(4) A person who is fishing in a private fishing preserve is exempt from having any sport fishing approval issued under this chapter. No person may sell or trade fish that are caught in a private fishing preserve. No person may charge a fee for fishing in a private fishing preserve or a fee for an activity that includes the privilege of fishing in a private fishing preserve.

27,1120xm Section 1120xm. 29.52 of the statutes is repealed.

27,1124d Section 1124d. 29.521 of the statutes is created to read:

29.521 Natural waters used in fish farms. (1) No person may use a natural body of water as a fish farm or as part of a fish farm unless all of the following apply:

(a) The land that is riparian to the body of water is owned, leased or controlled by the owners of the fish farm.

(b) None of the owners of the fish farm or of the riparian land provides access to the body of water to the public by means of an easement or other right-of-way or by means of a business open to the public, except that the owners of the fish farm may allow fishing by the public for a fee.

(c) The body of water is one of the following:

1. A freeze-out pond.