AB100: Bill Text Engrossed

AB100-engrossed, s. 1087m Section 1087m. 29.174 (4m) of the statutes is created to read:

AB100-engrossed,556,22 29.174 (4m) The department shall promulgate rules to establish standards for tolerable levels of damage caused by deer living in the wild to crops on agricultural land, including commercial seedings, orchard trees and nursery stock. The department shall use the standards in setting goals for managing the deer herd.

AB100-engrossed, s. 1098m Section 1098m. 29.226 (4) of the statutes is created to read:

AB100-engrossed,557,3 29.226 (4) A person who is subject to sub. (1) may prove compliance with sub. (1) when submitting an application for an approval authorizing hunting by presenting any of the following:

AB100-engrossed,557,4 (a) His or her certificate of accomplishment issued under s. 29.225.

AB100-engrossed,557,6 (b) An approval authorizing hunting that was issued to him or her under this chapter within 365 days before submitting the application.

AB100-engrossed,557,9 (c) An approval authorizing hunting that was issued to him or her under this chapter for a hunting season that ended within 365 days before submitting the application.

AB100-engrossed, s. 1099b Section 1099b. 29.24 of the statutes is renumbered 29.24 (1) (intro.) and amended to read:

AB100-engrossed,557,14 29.24 (1) (intro.) The owner or occupant of any land, and any member of his or her family, may hunt or trap beaver, coyotes, foxes, raccoons, woodchucks, rabbits and squirrels on the land without a license at any time, except that such as follows:

AB100-engrossed,557,17 (a) Such persons may not hunt any of these wild animals during the period of 24 hours prior to the opening date for deer hunting in those counties or parts of counties where an open season for hunting deer with firearms is established.

AB100-engrossed,557,20 (2) The owner or occupant of any land and any member of his or her family may take beaver, rabbits, raccoons and squirrels on the land at any time by means of live trapping with box traps in areas where the discharge of a firearm is unlawful illegal.

AB100-engrossed, s. 1099bn Section 1099bn. 29.24 (1) (b) of the statutes is created to read:

AB100-engrossed,557,24 29.24 (1) (b) Such persons may not hunt coyotes during an open season for hunting deer with firearms in an area that is closed by the department by rule to coyote hunting.

AB100-engrossed, s. 1103m Section 1103m. 29.286 (3) of the statutes is created to read:

AB100-engrossed,558,2 29.286 (3) This section does not apply to any net or trap used to take, catch or kill farm-raised fish.

AB100-engrossed, s. 1103n Section 1103n. 29.29 (4) of the statutes is amended to read:

AB100-engrossed,558,12 29.29 (4) Use of pesticides. The department of natural resources, after public hearing, may promulgate rules governing the use of any pesticide which it finds is a serious hazard to wild animals other than those it is intended to control, and the making of reports thereon. In making such determinations, the department to the extent relevant shall consider the need for pesticides to protect the well-being of the general public. It shall obtain the recommendation of the pesticide review board and such rules, other than rules to protect groundwater promulgated to comply with ch. 160, are not effective until approved by the pesticide review board. "Pesticide" has the meaning designated in s. 94.67.

AB100-engrossed, s. 1103p Section 1103p. 29.29 (5) (title) of the statutes is repealed and recreated to read:

AB100-engrossed,558,15 29.29 (5) (title) Exceptions.

AB100-engrossed, s. 1103q Section 1103q. 29.29 (5) of the statutes is renumbered 29.29 (5) (a).

AB100-engrossed, s. 1103r Section 1103r. 29.29 (5) (b) of the statutes is created to read:

AB100-engrossed,558,20 29.29 (5) (b) 1. This section does not apply to toxicants placed in the waters of a self-contained fish rearing facility or a state or municipal fish hatchery if the toxicants are necessary to the operation of the fish farm or fish hatchery.

AB100-engrossed,558,24 2. This section does not apply to toxicants placed in the waters of a preexisting fish rearing facility that is an artificial body of water if the toxicants are necessary to the operation of the fish farm and the department has issued a permit under s. 283.31 for the preexisting fish rearing facility.

AB100-engrossed, s. 1103u Section 1103u. 29.30 (3) of the statutes is created to read:

AB100-engrossed,559,2 29.30 (3) Exemption. This section does not apply to any net, trap, snare, hook, setline or other device used to take, catch or kill farm-raised fish.

AB100-engrossed, s. 1105m Section 1105m. 29.33 (4g) of the statutes is created to read:

AB100-engrossed,559,7 29.33 (4g) Prohibition against operating fish farms. No person who holds a commercial fishing or crew license issued under this section 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 rules promulgated under this section.

AB100-engrossed, s. 1108 Section 1108. 29.34 (4) (c) of the statutes is amended to read:

AB100-engrossed,559,10 29.34 (4) (c) The department or the county clerk shall issue net tags to the licensee at the time of issuing the net license.

AB100-engrossed, s. 1108m Section 1108m. 29.34 (6) of the statutes is created to read:

AB100-engrossed,559,14 29.34 (6) No person who holds a net license may operate a fish farm that contains a variety of fish that the holder of the license is authorized to catch under this section or under rules promulgated under this section.

AB100-engrossed, s. 1109 Section 1109. 29.343 (1) of the statutes is amended to read:

AB100-engrossed,559,21 29.343 (1) A slat net license authorizing the taking of commercial fish through the use of slat nets in that part of the Mississippi river over which this state has jurisdiction between the Minnesota-Iowa boundary line extended and the Wisconsin-Illinois boundary line extended may shall be issued subject to s. 29.09 by the county clerk of a county bordering these waters department to any resident who applies for this license.

AB100-engrossed, s. 1111 Section 1111. 29.343 (5) of the statutes is amended to read:

AB100-engrossed,560,2 29.343 (5) Except as herein provided slat net licenses shall be issued to any resident applying therefor and shall be subject to s. 29.09, except that they shall be issued by the county clerk of the counties bordering on such waters. A sufficient supply of slat net tags shall be furnished such county clerks by the department to persons issuing approvals under this section.

AB100-engrossed, s. 1111m Section 1111m. 29.343 (6) of the statutes is created to read:

AB100-engrossed,560,6 29.343 (6) No person who holds a slat net 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.

AB100-engrossed, s. 1111r Section 1111r. 29.344 (5) of the statutes is created to read:

AB100-engrossed,560,11 29.344 (5) No person who holds a trammel net license issued under this section 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.

AB100-engrossed, s. 1113 Section 1113. 29.36 (1) of the statutes is amended to read:

AB100-engrossed,560,17 29.36 (1) A set or bank pole license authorizing the use of not to exceed 5 set or bank poles for taking, catching or killing fish in the inland waters of the state where the use of setlines is permitted shall be issued subject to s. 29.09 by the department or the county clerk of the county where the set or bank poles are intended to be used to any resident of the state applying for this license.

AB100-engrossed, s. 1115 Section 1115. 29.36 (2) of the statutes is amended to read:

AB100-engrossed,560,22 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.

AB100-engrossed, s. 1115m Section 1115m. 29.36 (4) of the statutes is created to read:

AB100-engrossed,561,3 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.

AB100-engrossed, s. 1116 Section 1116. 29.37 (1) of the statutes is amended to read:

AB100-engrossed,561,9 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.

AB100-engrossed, s. 1118 Section 1118. 29.37 (3) (b) of the statutes is amended to read:

AB100-engrossed,561,12 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.

AB100-engrossed, s. 1118m Section 1118m. 29.37 (5) of the statutes is created to read:

AB100-engrossed,561,16 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.

AB100-engrossed, s. 1119k Section 1119k. 29.42 (4) of the statutes is amended to read:

AB100-engrossed,561,20 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.

AB100-engrossed, s. 1119m Section 1119m. 29.43 (5) (b) of the statutes is amended to read:

AB100-engrossed,561,23 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.

AB100-engrossed, s. 1119p Section 1119p. 29.44 (3) of the statutes is amended to read:

AB100-engrossed,562,2 29.44 (3) Subsection (1) does not apply to the possession, transportation, delivery or receipt of farm-raised deer or farm-raised fish.

AB100-engrossed, s. 1119s Section 1119s. 29.47 (7) (title) of the statutes is repealed and recreated to read:

AB100-engrossed,562,4 29.47 (7) (title) Exemptions.

AB100-engrossed, s. 1119t Section 1119t. 29.47 (7) of the statutes is renumbered 29.47 (7) (a).

AB100-engrossed, s. 1119u Section 1119u. 29.47 (7) (b) of the statutes is created to read:

AB100-engrossed,562,8 29.47 (7) (b) This section does not apply to the transportation, delivery, receipt or shipping of farm-raised fish.

AB100-engrossed, s. 1119w Section 1119w. 29.48 (1m) of the statutes is amended to read:

AB100-engrossed,562,11 29.48 (1m) Subsection (1) does not apply to farm-raised deer or farm-raised fish.

AB100-engrossed, s. 1119x Section 1119x. 29.48 (3) of the statutes is amended to read:

AB100-engrossed,562,17 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.

AB100-engrossed, s. 1120c Section 1120c. 29.49 (1) (a) (intro.) of the statutes is amended to read:

AB100-engrossed,562,22 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:

AB100-engrossed, s. 1120e Section 1120e. 29.49 (3) of the statutes is amended to read:

AB100-engrossed,562,25 29.49 (3) Exemption. This section does not apply to the meat from farm-raised deer or from farm-raised fish.

AB100-engrossed, s. 1120hg Section 1120hg. 29.50 (title) of the statutes is amended to read:

AB100-engrossed,563,2 29.50 (title) Propagation privileged of fish; protected wild animals.

AB100-engrossed, s. 1120hm Section 1120hm. 29.50 of the statutes is renumbered 29.50 (1) (intro.) and amended to read:

AB100-engrossed,563,6 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:

AB100-engrossed,563,7 (a) The operation of state fish hatcheries, the.

AB100-engrossed,563,10 (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.

AB100-engrossed,563,12 (c) The propagation or transportation, collecting and transplanting of fish or fish fry by state authority; nor the by the department.

AB100-engrossed,563,15 (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.

AB100-engrossed,563,17 (e) The transportation and sale of fish therefrom as hereinafter provided; but the.

AB100-engrossed,563,21 (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.

AB100-engrossed, s. 1120hr Section 1120hr. 29.50 (3) of the statutes is created to read:

AB100-engrossed,563,25 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.

AB100-engrossed, s. 1120jm Section 1120jm. 29.51 (title) of the statutes is repealed and recreated to read:

AB100-engrossed,564,2 29.51 (title) Propagation of fish; removal of fish.

AB100-engrossed, s. 1120km Section 1120km. 29.51 (1) (intro.) and (e) of the statutes are amended to read:

AB100-engrossed,564,6 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:

AB100-engrossed,564,15 (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.

AB100-engrossed, s. 1120np Section 1120np. 29.51 (2) of the statutes is amended to read:

AB100-engrossed,565,2 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.