LRB-3636/1
MGG:jlg:lp
1997 - 1998 LEGISLATURE
January 27, 1998 - Introduced by
Joint Legislative Council. Referred to
Committee on Natural Resources.
AB736,2,2
1An Act to repeal 29.09 (9) (a) 2. and 3.;
to renumber 29.09 (9) (cr), 29.1085 (1m)
2and 29.1085 (2m);
to renumber and amend 29.093 (3) (fm) and 29.104 (4) (a)
34.;
to amend 29.09 (1m), 29.09 (8m) (b), 29.09 (9) (b) 1., 29.09 (9) (c) 1. (intro.),
429.09 (9) (c) 2., 29.09 (9) (c) 3., 29.09 (9) (c) 4., 29.093 (2) (cr) 1., 29.093 (2) (cr)
52., 29.093 (2) (cr) 4., 29.103 (2) (ar), 29.104 (2), 29.104 (4) (b) (intro.), 29.107 (6),
629.1085 (2m) (title), 29.117 (2), 29.174 (2) (f), 29.27 (3), 167.31 (4) (c), 167.31 (4)
7(cg) (intro.), 167.31 (4) (cm), 167.31 (4m) and 941.20 (3) (b) 2.;
to repeal and
8recreate 29.09 (1m); and
to create 29.09 (9) (c) 1m., 29.09 (9) (c) 2m., 29.09 (9)
9(cr) 2. and 3., 29.093 (2) (cr) 1m., 29.093 (2) (cr) 4m., 29.093 (3) (fm) 2., 29.104
10(4) (a) 4. a., b. and c., 29.104 (4) (c), 29.1085 (1m) (b), 29.1085 (2m) (b), 29.245
11(4) (b) 3., 29.45 (2m) and 167.31 (4) (f) of the statutes;
relating to: various
1changes to hunting and fishing regulations and granting rule-making
2authority.
Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the joint legislative council in
this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
prefatory note: This bill was prepared for and contains recommendations of the
joint legislative council's special committee on recodification of fish and game laws.
As part of its charge, the special committee was directed to recodify ch. 29 of the
statutes. Chapter 29 contains most of the statutes related to wildlife, nongame species,
hunting, trapping and fishing, various commercial activities involving wildlife and other
subjects of regulation by the department of natural resources (DNR), such as the
protection of endangered and threatened species, wild rice and wild ginseng. In separate
legislation, the special committee is recommending a comprehensive recodification,
reorganization and modernization of all of the contents of ch. 29.
In the process of reviewing the various issues encompassed in ch. 29, the special
committee identified a number of issues of a more substantive nature than the kinds of
issues typically addressed in recodification legislation. This bill contains the special
committee's recommendations on those substantive issues. This bill does not contain
major new policy initiatives, but rather modifies current policies to correct obvious
inequities, clarifies existing statutes and expands the scope of current statutes to reflect
current needs and conditions.
This bill contains the following key provisions:
1. A requirement for the DNR to study the potential for new or increased sources
of revenue for the fish and wildlife account of the conservation fund, including proposals
for the creation of new approvals or fees for the use of state-owned property under the
jurisdiction of the DNR and a review of the potential for using general purpose revenues
as a supplement to the conservation fund.
2. Authorization for the DNR to extend the deadline to remove a blind on
state-owned property due to compelling personal needs of the blind owner.
3. Clarification of the authority of a person to possess a loaded firearm within 50
feet of the center of a roadway, when the person is not violating any of the prohibitions
related to transportation or use of firearms within the roadway or within 50 feet of the
center of the roadway.
4. Authorization for a person who is assisting a disabled license holder to obtain
and carry the license on behalf of the disabled person.
5. Elimination of the limit of 36 pounds of thrust for a trolling motor that may be
used by a disabled person, and authorization for the DNR to promulgate rules regarding
use of electric motors for fishing or trolling by disabled persons.
6. Expansion of the use of the Class B permit, now available to persons with
temporary disabilities, to authorize use of the Class B permit for a wider range of hunting
and fishing methods, as approved by the DNR, and to authorize the DNR to specify that
period of validity of a Class B permit, up to a period of 5 years.
7. Authorization for a Class A or Class C permit or a crossbow or trolling permit,
all of which are issued to disabled persons, to be renewed for 10-year periods, rather than
5-year periods, as provided under current statutes.
8. Authorization for a person assisting a disabled person to assist a disabled person
who holds a Class B bear license without also being required to obtain a Class B bear
license.
9. Expansion of the authorization of nonresident archer hunting licenses to allow
disabled nonresidents to hunt with a crossbow, subject to eligibility requirements
established by the DNR.
10. Elimination of the requirement that a person who owns a parcel that is 50 acres
or larger must be a resident of the county in which a parcel is located or the adjacent
county in order to obtain a special deer hunting permit.
11. Limitation of the area where bear may be pursued with dogs or dogs may be
trained to track bear to only those areas of the state in which the DNR authorizes bear
hunting.
12. Authorization of the use of lights for bow fishing for rough fish on inland lakes.
13. Authorization for a person who takes an antlerless deer under an antlerless
deer permit to transport the deer on highways other than federal or state highways, as
required under current law, to register the deer.
For additional information, see the notes throughout this bill.
AB736, s. 1
1Section
1. 29.09 (1m) of the statutes is amended to read:
AB736,3,42
29.09
(1m) Conditions and restrictions on licenses and other approvals. (a) 3A hunting, trapping or fishing approval may be issued only to and obtained only by
4a natural person entitled to the approval.
AB736,3,7
5(b) Except as provided under sub. (12) (a), a resident hunting, trapping or
6fishing approval may be issued only to a person who presents to the county clerk or
7issuing agent definite proof of his or her identity and that he or she is a resident.
AB736,3,9
8(c) No more than one of the same series of approval may be issued to the same
9person in any year.
AB736,3,11
10(d) Except as provided under s. 29.33 (2) (d), no person may transfer his or her
11approval or permit the use of any approval by any other person
and no.
AB736,3,14
12(e) No person while hunting, trapping or fishing may use or carry any approval
13issued to another person
, except that a person who accompanies and is assisting a
14disabled person may carry the disabled person's approval.
AB736,3,17
15(f) No person may obtain a hunting, trapping or fishing approval for another
16person
, except that a person who assists a disabled person may obtain an approval
17for a disabled person.
AB736,4,2
1(g) No approval authorizing hunting may be issued to any person who is
2prohibited from obtaining this type of approval under s. 29.226 or 29.227 (1) (c).
AB736,4,75
29.09
(1m) Conditions and restrictions on licenses and other approvals. (a)
6A hunting, trapping or fishing approval may be issued only to and obtained only by
7a natural person entitled to the approval.
AB736,4,108
(b) Except as provided under sub. (12) (a), a resident hunting, trapping or
9fishing approval may be issued only to a person who presents to the issuing agent or
10the department definite proof of his or her identity and that he or she is a resident.
AB736,4,1211
(c) No more than one of the same series of approval may be issued to the same
12person in any year.
AB736,4,1413
(d) Except as provided under s. 29.33 (2) (d), no person may transfer his or her
14approval or permit the use of any approval by any other person.
AB736,4,1715
(e) No person while hunting, trapping or fishing may use or carry any approval
16issued to another person, except that a person who accompanies and is assisting a
17disabled person may carry the disabled person's approval.
AB736,4,2018
(f) 1. Except as provided under subd. 2. and as authorized by rules promulgated
19under sub. (3m) (a) 2., no person may obtain a hunting, trapping or fishing approval
20for another person.
AB736,4,2221
2. A person who assists a disabled person may obtain an approval for a disabled
22person.
AB736,4,2423
(g) No approval authorizing hunting may be issued to any person who is
24prohibited from obtaining this type of approval under s. 29.226 or 29.227 (1) (c).
Note: Currently, no person may carry a hunting or fishing license issued to another
person and no person may obtain a hunting or fishing license for another person. This
bill allows any person who accompanies and is assisting a disabled license holder to
obtain or carry the license on behalf of the disabled person.
AB736,5,93
29.09
(8m) (b) A person holding a current fishing license issued under this
4chapter and
either a trolling permit or a
Class A permit issued under sub. (9)
(c) 1. 5may fish or troll in the waters of this state using an electric motor
with no more than
636 pounds of thrust, notwithstanding any ordinances enacted under s. 30.77 (3) that
7prohibit the use of motor boats on navigable waters
and subject to rules promulgated
8by the department regarding the use of electric motors for fishing or trolling by
9disabled persons.
Note: Currently, a person with certain specified disabilities may fish or troll with
an electric motor with no more than 36 pounds of thrust. This bill amends this provision
to delete the restriction on the maximum thrust of the electric motor. In addition, this
bill authorizes the DNR to regulate the use of electric motors for fishing or trolling by
disabled persons, which will permit the DNR to address issues such as fishing methods
by disabled persons using an electric motor.
AB736, s. 4
10Section
4. 29.09 (9) (a) 2. and 3. of the statutes are repealed.
Note: See Note after the treatment of s. 29.09 (9) (cr) 2. and 3.
AB736, s. 5
11Section
5. 29.09 (9) (b) 1. of the statutes is amended to read:
AB736,5,1512
29.09
(9) (b) 1. After proper application, the department shall, after due
13investigation and without charging a fee,
except for the costs of review in par. (c) 3.
14or (e), issue a Class A, Class B or Class C permit to any person, as provided in this
15subsection.
Note: Under current statutes, the DNR may not charge a fee for issuing a Class
A, Class B or Class C permit to a disabled person. However, a special review procedure
is provided for a disabled person who is ineligible for a permit or is denied a permit. The
review procedure is discretionary with the DNR and all costs of the review procedure
must be paid by the applicant. This bill clarifies that the DNR may issue the permit
subject to the fee for review.
AB736, s. 6
16Section
6. 29.09 (9) (c) 1. (intro.) of the statutes is amended to read: