AB100: Bill Text

AB100,563,8 29.225 (1) (a) The department shall establish by rule a statewide hunter education and firearm safety program. The Except as provided in par. (c), the hunter education and firearm safety program shall provide for a course of instruction in each school district or county. The department shall conduct this course of instruction in cooperation with qualified individuals, organizations, groups, associations, public or private corporations and federal, state and local governmental entities. This

AB100,563,13 (b) The course of instruction shall provide instruction to students in the commonly accepted principles of safety in handling hunting firearms and equipment, the responsibilities of hunters to wildlife, environment, landowners and others, how to recognize threatened and endangered species which that cannot be hunted and the principles of wildlife management and conservation.

AB100, s. 1090 Section 1090. 29.225 (1) (bg) and (br) of the statutes are created to read:

AB100,563,16 29.225 (1) (bg) In addition to the topics specified under par. (b), the course of instruction shall include the following components:

AB100,563,19 1. A firearm safety component providing instruction in the commonly accepted principles of safety in handling firearms used in hunting and their associated equipment.

AB100,563,21 2. A bow hunting safety component providing instruction in hunting with bows and arrows and their associated equipment.

AB100,563,23 (br) The bow hunting safety component need not be offered in each school district or county.

AB100, s. 1091 Section 1091. 29.225 (1) (c) of the statutes is created to read:

AB100,564,3 29.225 (1) (c) A person who is enrolled in the course may take the firearm safety component, or, if the bow hunting safety component is offered, the bow hunting safety component or both components.

AB100, s. 1092 Section 1092. 29.225 (2) of the statutes is amended to read:

AB100,564,13 29.225 (2) Administration. The law enforcement administrator shall be the department's authorized agent to administer, supervise and enforce this section. The department shall appoint a qualified person from the law enforcement function, under the classified service, as the hunter education administrator and shall prescribe his or her duties and responsibilities. The department may appoint county directors, master hunter education instructors and regular hunter education instructors necessary for the hunter education and firearm safety program. These appointees are responsible to the department and shall serve on a voluntary basis without compensation.

AB100, s. 1093 Section 1093. 29.225 (3) of the statutes is amended to read:

AB100,564,21 29.225 (3) Instruction fee. The department shall collect the instruction fee specified under s. 29.092 (2) (n) from each person who receives instruction under the hunter education and firearm safety program. The department may authorize an instructor conducting a course of instruction meeting standards established by the department to retain 50% of this fee to defray expenses incurred locally to operate the program. The remaining portion of the fee or, if nothing is retained, the entire fee shall be deposited in the conservation fund.

AB100, s. 1094 Section 1094. 29.225 (4) (a) of the statutes is amended to read:

AB100,565,5 29.225 (4) (a) Issuance. The department shall issue a certificate of accomplishment to a person who successfully completes the course of instruction under the hunter education and firearm safety program and who pays the instruction fee. The department shall prescribe the form and content of the certificate of accomplishment. The certificate shall state whether the person successfully completed the firearm safety component, the bow hunting safety component or both. The certificate may be used by a resident to whom issued in place of a small game hunting license as required in s. 29.09.

AB100, s. 1095 Section 1095. 29.226 (1) of the statutes is renumbered 29.226 (1) (a) and amended to read:

AB100,565,10 29.226 (1) (a) Except as provided under subs. (2), (2m) and (3), no person born on or after January 1, 1973, may obtain any approval authorizing hunting unless the person is issued a certificate of accomplishment under s. 29.225.

AB100, s. 1096 Section 1096. 29.226 (1) (b) of the statutes is created to read:

AB100,565,16 29.226 (1) (b) For a person who is issued a certificate of accomplishment under s. 29.225 on or after the effective date of this paragraph .... [revisor inserts date], the approval issued under par. (a) shall authorize hunting only with a bow and arrow if the person's certificate states that the person successfully completed only the bow hunting safety component of the course of instruction under s. 29.225 (1) (bg) 2.

AB100, s. 1097 Section 1097. 29.226 (2) of the statutes is amended to read:

AB100,565,22 29.226 (2) A person who has a certificate, license or other evidence indicating that he or she has completed in another state a hunter safety course in another state and if the course is recognized by the department under a reciprocity agreement, the person may obtain an approval authorizing hunting regardless of whether the person is issued a certificate of accomplishment under s. 29.225 in this state.

AB100, s. 1098 Section 1098. 29.226 (2m) of the statutes is created to read:

AB100,566,4 29.226 (2m) A person who has a certificate, license or other evidence indicating that he or she has completed in another state a hunter safety course that consisted only of bow hunting safety instruction and if the course is recognized by the department under a reciprocity agreement, the person may obtain an approval authorizing hunting only with a bow and arrow regardless of whether the person is issued a certificate of accomplishment under s. 29.225 in this state.

AB100, s. 1099 Section 1099. 29.227 (1) (b) of the statutes is amended to read:

AB100,566,12 29.227 (1) (b) Restrictions on possession or control of a firearm. No person under 12 years of age may have in his or her possession or control any firearm unless he or she is enrolled in a course of instruction under the hunter education and firearm safety program that includes the firearm safety component and he or she is carrying the firearm in a case and unloaded to or from that class under the supervision of a parent or guardian or is handling or operating the firearm during that class under the supervision of an instructor.

AB100, s. 1100 Section 1100. 29.227 (2) (b) 2. of the statutes is amended to read:

AB100,566,17 29.227 (2) (b) 2. Is enrolled in a course of instruction that includes the firearm safety component under the hunter education and firearm safety program and is carrying the firearm in a case and unloaded to or from that class or is handling or operating the firearm during that class under the supervision of an instructor.

AB100, s. 1101 Section 1101. 29.227 (3) (a) 2. of the statutes is amended to read:

AB100,566,22 29.227 (3) (a) 2. Is issued a certificate of accomplishment that states that he or she completed the firearm safety component under the hunter education and firearm safety program or has a similar certificate issued by another state or province.

AB100, s. 1102 Section 1102. 29.227 (3) (b) 2. of the statutes is amended to read:

AB100,567,2 29.227 (3) (b) 2. Is enrolled in a course of instruction that includes the firearm safety component under the hunter education and firearm safety program and is carrying the firearm in a case and unloaded to or from that class or is handling or operating the firearm during that class under the supervision of an instructor; or

AB100, s. 1103 Section 1103. 29.227 (3) (b) 3. of the statutes is amended to read:

AB100,567,7 29.227 (3) (b) 3. Is issued a certificate of accomplishment that states that he or she completed the firearm safety component under the hunter education and firearm safety program or has a similar certificate issued by another state or province.

AB100, s. 1104 Section 1104. 29.33 (1) of the statutes is amended to read:

AB100,568,13 29.33 (1) License authorized. Any person desiring to conduct commercial fishing operations on any of the outlying waters shall first obtain a commercial fishing license. The department may limit the number of licenses issued under this section and designate the areas in the outlying waters under the jurisdiction of this state where commercial fishing operations shall be restricted. The department may establish harvest limits and allocate the harvest limits among commercial fishing licensees. The department may designate the kind, size and amount of gear to be used in the harvest. The limitations on licenses, restricted fishing areas, harvests and gear shall be based on the available harvestable population of fish and in the wise use and conservation of the fish so as to prevent overexploitation. The department may promulgate rules defining the qualifications of licensees in the reasonable exercise of this authority, giving due consideration to residency, past record including compliance with the reporting requirements of sub. (5), fishing and navigation ability and quantity and quality of equipment possessed. Rules relating to licensing commercial fishers shall be based on criteria provided by the commercial fishing boards under sub. (7). The application for the license shall be made to the department on a blank provided for that purpose, accompanied by the fee specified in s. 29.092 (7). The application shall state the name, birthdate, description and residence of the applicant, the manner in which he or she proposes to fish, the name or number and overall length of his or her boats, the name of the hailing port from which the boats will operate, and the number and kind of nets or other gear he or she intends to use in connection with commercial fishing and any other information required by the department for statistical purposes. The applicant shall provide an itemized listing of commercial fishing gear and equipment with the current values of those items of commercial fishing equipment, sufficient to meet the investment requirements for licensing as established in rules promulgated under this section. "Overall length" means the minimum distance between the extreme outside end of the bow and the stern using the nearest whole number of feet. The license shall be issued in accordance with s. ss. 29.09 and 29.091. No outlying waters commercial fishing license may be issued to a person under the age of 18 years.

AB100, s. 1105 Section 1105. 29.33 (2) (d) of the statutes is amended to read:

AB100,569,2 29.33 (2) (d) Transfer of license. The department may, upon application, permit the transfer of a license to any similar boat during the time a licensed boat is disabled or undergoing repairs or upon the sale of a licensed boat. The department shall promulgate rules governing the transfer of commercial fishing licenses between individuals equally qualified to hold the licenses and to members of a licensee's immediate family provided the rules assure the wise use and conservation of the fish resources being harvested under the license. The rules shall relate only to those waters in which the number of licenses is limited. The commercial fishing boards, under sub. (7), shall approve or deny transfers of commercial fishing licenses in accordance with the rules promulgated under this section. For purposes of s. 29.091, a transfer of a license under this section shall be considered an issuance of a license to the transferee.

AB100, s. 1106 Section 1106. 29.33 (4) (a) of the statutes is amended to read:

AB100,569,15 29.33 (4) (a) Any commercial fishing licensee may use licensed crew members when fishing with or without a boat. The number of crew members engaged under a single license may not exceed 4 when fishing with nets under the ice. The department, upon proper application for crew licenses, may issue with each commercial fishing license no more than 4 crew licenses for the specific purpose of fishing with nets under the ice and the number indicated on the application for the purpose of fishing in open water. Each crew license shall bear the number of the commercial fishing license, the purpose for which intended, the year for which issued and the name of the crew member to whom the crew license is issued. Section 29.091 applies to the issuance of crew licenses. The crew license permits a person to engage in commercial fishing only as a member of a crew of a commercial fisher licensed under sub. (1).

AB100, s. 1107 Section 1107. 29.34 (1) of the statutes is amended to read:

AB100,569,21 29.34 (1) Licenses which authorize the use of nets in the Mississippi river as limited herein and in that part of the St. Croix river downstream from the dam at St. Croix Falls shall be issued subject to s. ss. 29.09 and 29.091 by the department to any resident applying therefor. This subsection as applicable to the St. Croix river shall not become effective until Minnesota has enacted similar legislation.

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

AB100,569,24 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, s. 1109 Section 1109. 29.343 (1) of the statutes is amended to read:

AB100,570,6 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, s. 1110 Section 1110. 29.343 (1) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100,570,13 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 shall be issued subject to ss. 29.09 and 29.091 by the department to any resident who applies for this license.

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

AB100,570,19 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, s. 1112 Section 1112. 29.344 (1) of the statutes is amended to read:

AB100,570,22 29.344 (1) The department may issue a trammel net license to any resident who applies for this license subject to s. ss. 29.09 and 29.091.

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

AB100,571,3 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, s. 1114 Section 1114. 29.36 (1) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100,571,9 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 ss. 29.09 or 29.091 by the department to any resident applying for this license.

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

AB100,571,14 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, s. 1116 Section 1116. 29.37 (1) of the statutes is amended to read:

AB100,571,20 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, s. 1117 Section 1117. 29.37 (1) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100,572,2 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 ss. 29.09 and 29.091 by the department to any resident applying for this license.

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

AB100,572,5 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, s. 1119 Section 1119. 29.38 (3) (e) of the statutes is created to read:

AB100,572,8 29.38 (3) (e) Section 29.091 applies to the issuance of licenses and permits under this section.

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

AB100,572,13 29.49 (1) (a) (intro.) Except as provided in s. ss. 29.06 (2) (c), 29.062 and 29.52, 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, s. 1121 Section 1121. 29.52 (1) of the statutes is amended to read:

AB100,572,16 29.52 (1) Private Subject to s. 29.091, private fish hatchery licenses may be issued by the department under this section.

AB100, s. 1122 Section 1122. 29.52 (4m) of the statutes is amended to read:

AB100,572,22 29.52 (4m) A Subject to s. 29.091, a private fish hatchery license shall be issued and renewed by the department to any person applying therefor who is the owner or lessee of lands suitable for the propagation of fish in nonnavigable waters. Subsection (3) (a) shall not apply to this subsection but the remainder of this section which is not inconsistent with this subsection shall apply.

AB100, s. 1123 Section 1123. 29.52 (5) of the statutes is amended to read:

AB100,573,9 29.52 (5) Upon the filing of the application for a private fish hatchery license, the department shall inspect and investigate the fish hatchery and may hold public hearings on the matter. All expenses of the inspection, except the salary of the employe who inspects the hatchery, shall be paid by the applicant. When satisfied that the applicant is the owner or lessee of the lands described and upon finding that all provisions and conditions of this section have been fully complied with, the department shall issue a license to propagate, rear, sell and possess fish of the kind specified in the license and as provided in this section. All licenses shall be renewed, subject to s. 29.091 and this section, upon filing of a report with the department containing the information on the operation of the hatchery requested by the department, together with the appropriate license fee.

AB100, s. 1124 Section 1124. 29.52 (7) of the statutes is amended to read:

AB100,573,17 29.52 (7) The Subject to s. 29.091, the department may, from year to year, renew any private fish hatchery license issued prior to, and in effect on, May 12, 1965. If a private fish hatchery license is not renewed as provided in sub. (5) or is terminated for any reason, all rights and privileges of the licensee under such license terminate and thereafter the lands and waters which were included in such license shall be subject to all of the provisions of this section if an application for a license hereunder is made which includes any of such lands or waters.

AB100, s. 1125 Section 1125. 29.544 (4m) of the statutes is created to read: