AB864, s. 378
15Section
378. Subchapter III (title) of chapter 29 [precedes 29.161] of the
16statutes is created to read:
AB864,101,1717
Chapter 29
AB864,101,2018
Subchapter III
19
Hunting, trapping and
20
Fishing Approvals
AB864, s. 379
21Section
379. 29.165 of the statutes is renumbered 29.512, and 29.512 (1), as
22renumbered, is amended to read:
AB864,102,723
29.512
(1) No person may engage or be employed for any compensation or
24reward to guide, direct or assist any other person in hunting, fishing or trapping
25unless
the person is issued a guide license
is duly issued to the person by the
1department subject to s.
29.09 29.024. No guide license for hunting or trapping may
2be issued to or obtained by any person who is not a resident of this state. No guide
3license may be issued to any person under the age of 18 years. The
applicant shall
4deliver to the department an oath of office that he or she will well and faithfully
5perform the duties and responsibilities as a guide licensed by the department and
6observe and holder of a guide license shall comply with all
of the requirements of this
7chapter
and the rules of the department.
AB864, s. 380
8Section
380. 29.166 of the statutes is renumbered 29.514 and amended to
9read:
AB864,102,22
1029.514 Outlying water sport trolling licenses. (1) No person may be
11engaged or be employed for any compensation
or reward to guide any other person
12in sport trolling for trout or salmon in and upon the outlying waters
of Lake
13Michigan, Green Bay or Lake Superior unless the person is
duly issued a sport
14trolling license by the department subject to s.
29.09
29.024. No sport trolling license
15may be issued to any person under the age of 18 years. The application shall include
16the name and address of the applicant, the name of the home port from which the
17applicant will operate, the applicant's
valid U.S. coast guard operator's license
18number and other information as required by the department for statistical
19purposes. The licensee and all persons on board the licensee's boat shall comply with
20all
of the requirements of this chapter
and the rules of the department. Boats used
21by the licensee shall meet minimum U.S. coast guard and this state's boat licensing
22and safety requirements.
AB864,103,3
23(2) Each licensee shall keep
an accurate record and account as to records of the
24number of each variety of fish taken under his or her sport trolling license and
such 25other information
as that the department requires, and shall report to the
1department on forms provided by the department on or before the 10th day of each
2month on the records for the preceding calendar month. The licensee is responsible
3for the number of fish taken and shall be held to account for the number.
Note: Section 29.17, which authorizes the department to issue scientific collector
permits, is recreated in this bill as s. 29.614.
AB864, s. 383
7Section
383. 29.174 (1) of the statutes is renumbered 29.014 (1) and amended
8to read:
AB864,103,139
29.014
(1) The department shall establish and maintain open and
close closed 10seasons for
the several species of fish and game and any bag limits, size limits, rest
11days and conditions governing the taking of fish and game
as that will conserve the
12fish and game supply and ensure the citizens of this state continued opportunities
13for good fishing, hunting and trapping.
AB864, s. 384
14Section
384. 29.174 (2) (a) of the statutes is renumbered 29.053 (1) and
15amended to read:
AB864,103,1916
29.053
(1) The department shall establish open and closed seasons, bag limits,
17size limits, rest days and other conditions governing the taking of fish or game, in
18accordance with the public policy declared in sub. (1), but all
All fishing seasons on
19inland waters shall open on a Saturday.
Such authority may be exercised either
AB864,103,22
20(2) The department may exercise its authority under s. 29.014 with reference
21to the state as a whole, or for any specified county or part of a county, or for any lake
22or stream or part
thereof of a lake or stream.
AB864, s. 386
3Section
386. 29.174 (2) (d), (dg), (dr), (e), (eg) and (em) of the statutes, as
4affected by
1997 Wisconsin Act 27, are consolidated, renumbered 29.192 (3) and
5amended to read:
AB864,104,166
29.192
(3) The department may limit the number of trappers and the
7maximum harvest of wild fisher
in any area. (dg) The department may limit the
8number of trappers of or otters
and the maximum harvest of otters in any area.
(dr) 9The department may limit the number of hunters or trappers, or both,
of bobcats and
10may limit the maximum harvest of bobcats
in any area. (e) The department may
11limit the number of trappers and hunters and the maximum harvest of
or beaver in
12any area.
(eg) The department may limit the number of persons fishing for sturgeon
13by hook and line or by spear, or both, and may limit the maximum harvest of sturgeon
14in any area.
(em) The department may impose any
of the limitations limitation 15under
pars. (d) to (eg) this subsection by establishing a
permit system
for the
16issuance of permits.
AB864,105,719
29.192
(4) If the department decides to limit the number of hunters or trappers
20taking Canada geese, sharp-tailed grouse, fishers, otters, bobcats or sturgeon by
21issuing permits and if the number of persons seeking the permits exceeds the
22number of available permits, the department shall issue the permits according to a
23cumulative preference system established by the department. The department shall
24give a preference point to each applicant for each previous season for which the
25applicant applied but was not issued a permit. The system shall establish preference
1categories for these applicants, with higher priority given to those categories with
2more points than those with fewer points. Applicants who fail to apply at least once
3during any 3 consecutive years shall lose all previously accumulated preference
4points. If the number of applicants within a preference category or a subcategory
5under this subsection exceeds the number of permits available in the category or
6subcategory, the department shall select at random within the category or
7subcategory the applicants to be issued the permits.
AB864, s. 388
8Section
388. 29.174 (2) (f) of the statutes is renumbered 29.053 (3) and
9amended to read:
AB864,105,1410
29.053
(3) In addition to the types and manner of hunting authorized under
ss.
1129.09 (9) and 29.104 (4) this chapter for disabled persons and persons who are
12visually handicapped, as defined in s.
29.09 (9)
29.193 (2) (a) 5., the department may
13establish special hunting seasons or opportunities for persons who are physically
14disabled or visually handicapped and may limit the number of persons involved.
AB864, s. 389
15Section
389. 29.174 (2) (g) (intro.) of the statutes is renumbered 29.053 (2) (a)
16(intro.) and amended to read:
AB864,105,2117
29.053
(2) (a) (intro.) The department may establish a fishing season on
18specified bodies of water in certain urban areas, as determined by rule by the
19department, that allows fishing only by persons who are under 16 years old or who
20are disabled and can produce the evidence specified in s.
29.145 (1c) 29.193 (3) (a),
21(b) or (c), subject to all of the following conditions:
AB864, s. 390
22Section
390. 29.174 (2) (g) 1. and 2. of the statutes are renumbered 29.053 (2)
23(a) 1. and 2. and amended to read:
AB864,105,2524
29.053
(2) (a) 1. The department may not designate a body of water under this
25paragraph subsection that is 25 acres or greater in area.
AB864,106,4
12. The department may not designate a body of water under this
paragraph 2subsection without the written agreement of each private owner of shoreline and of
3each city, village, town, county, federal agency or other state agency that owns
4shoreline.
AB864, s. 391
5Section
391. 29.174 (2) (g) 3. of the statutes is renumbered 29.053 (2) (a) 3.
AB864, s. 392
6Section
392. 29.174 (2) (g) 4. of the statutes is renumbered 29.053 (2) (b) and
7amended to read:
AB864,106,128
29.053
(2) (b) Section 227.16 (2) (e) does not apply to a rule promulgated under
9this
paragraph subsection and, when the department proposes to add a body of water
10to or delete a body of water from a rule under this
paragraph subsection, the
11department shall hold a hearing, as required under s. 227.16 (1), either in the county
12in which the body of water is located or within 50 miles of the body of water.
AB864, s. 393
13Section
393. 29.174 (3) of the statutes is repealed.
Note: The current text of s. 29.174 (3) is as follows:
"29.174 (3) The department may promulgate rules under sub. (2) either on its own
motion or on petition from any group of citizens. Provided, that upon petition of not less
than 1,000 citizens in case of a contemplated rule affecting the entire state or a part
thereof larger than 2 counties, or of not less than 50 citizens residing in the county if but
a single county or part thereof is affected, or of not less than 100 citizens residing in the
2 counties if not more than 2 counties or parts thereof are affected, the department shall
conduct one or more public hearings upon such proposed rule, at a place convenient to the
petitioners. Notice of such hearing shall be published in the community affected as a class
3 notice, under ch. 985. The department shall send prior written notice of any hearing
held under this section to the Wisconsin conservation congress delegates for the area
affected by the proposed rule.".
This provision is unnecessary. A procedure to petition for rules is set forth in s.
227.12, which allows any 5 or more persons who have an interest in a rule to petition for
rule-making. That statute requires the agency to respond to the petition and either deny
the petition in writing or proceed with the requested rule-making. The other provisions
regarding notice should be addressed by internal DNR procedures.
AB864, s. 394
14Section
394. 29.174 (4) of the statutes is repealed.
Note: The current text of s. 29.174 (4) is as follows:
"29.174 (4) The department shall make such investigations relative to any petition
or proceedings under this section as it deems necessary, and may organize advisory
committees to advise it on any matter under consideration. Members of such committees
shall receive no compensation but shall be reimbursed their actual and necessary
expenses.".
This provision is unnecessary. Agencies are authorized to appoint advisory
committees for rule-making under s. 227.13.
AB864, s. 395
1Section
395. 29.174 (4a) of the statutes is repealed.
Note: The current text of s. 29.174 (4a) is as follows:
"29.174 (4a) The secretary may make emergency rules pursuant to s. 227.24.".
Emergency rules are authorized under s. 227.24. No additional reference to that
procedure in ch. 29 is necessary.
AB864, s. 397
4Section
397. 29.174 (6) of the statutes is renumbered 29.014 (2) (b) and
5amended to read:
AB864,107,86
29.014
(2) (b) All
of the rules
of the department in conformity with law 7promulgated under this chapter are prima facie reasonable and lawful
until found
8to be otherwise in a final determination by a court.
AB864, s. 398
9Section
398. 29.174 (7) of the statutes is repealed.
Note: The substance of current s. 29.174 (7) is recreated in new s. 29.014 (4).
AB864, s. 399
10Section
399. 29.174 (8) of the statutes is renumbered 29.014 (3) and amended
11to read:
AB864,107,1412
29.014
(3) Any rule of the department is subject to review in the manner
13provided in ch. 227, except that if the rule affects only the county in which the
14appellant resides, the appeal shall be to the circuit court of
such that county.
AB864, s. 400
15Section
400. 29.174 (9) of the statutes is repealed.
Note: The current text of s. 29.174 (9) is as follows:
"29.174 (9) The present statutes regulating open and close seasons, bag limits, size
limits, rest days and other conditions governing the taking of fish or game shall continue
in full force and effect until modified by rules of the department, as provided in this
section, or by subsequent acts of the legislature.".
This provision was enacted to provide for the transition from regulation of fish and
game entirely by statute to regulation of fish and game by rule by the conservation
commission. It is no longer necessary.
AB864, s. 401
16Section
401. 29.174 (12) of the statutes is repealed.
Note: The current text of s. 29.174 (12) is as follows:
"29.174 (12) Nothing in this section shall be construed to confer upon the
department the power to alter any provisions of the statutes relating to forfeitures,
penalties, license fees or bounties.".
This provision also relates to the transition from regulation by statute to regulation
by rule by the conservation commission. The DNR does not have authority to alter any
statutory forfeitures, penalties or license fees. The statutes no longer provide for
bounties.
AB864, s. 402
1Section
402. 29.174 (13) of the statutes is renumbered 29.037 and amended
2to read:
AB864,108,16
329.037 (title)
Fish and wildlife restoration. This state assents to the
4provisions of the acts of congress entitled "An act to provide that the United States
5shall aid the states in wildlife-restoration projects, and for other purposes,"
6approved September 2, 1937 (Public
Law No. 415, 75th Congress), and "An act to
7provide that the United States shall aid the states in fish restoration management
8projects, and for other purposes," approved August 9, 1950 (Public
Law No. 681, 81st
9Congress)
, and the. The department is authorized
, empowered and directed to
10perform
such any acts
as may be necessary to
the conduct and establishment of 11establish cooperative
wildlife-
restoration wildlife restoration and cooperative fish
12restoration projects, as defined in
said the acts of congress, in compliance with
said 13the acts and with
rules and regulations promulgated by the secretary of the interior
14thereunder; and no. No funds accruing to this state from license fees paid by hunters
15and from sport and recreation fishing license fees
shall may be diverted for any other
16purpose than those provided by the department.
AB864, s. 403
17Section
403. 29.174 (14) of the statutes is renumbered 29.192 (5).
AB864, s. 404
18Section
404. 29.174 (15) of the statutes is renumbered 29.035.
AB864, s. 405
19Section
405. 29.175 of the statutes is renumbered 29.039 and amended to
20read:
AB864,109,9
129.039 Nongame species. (1) The department may conduct investigations
2of nongame species
in order to develop scientific information relating to population,
3distribution, habitat needs, and other biological data
in order to determine necessary
4conservation measures.
On the basis of these scientific determinations the The 5department may
promulgate rules and develop conservation programs
designed to
6ensure the
continued ability perpetuation of nongame species
to perpetuate
7themselves. The
rules department may require harvest information and
may 8establish limitations relating to taking, possession, transportation, processing and
9sale or offer for sale,
in order to conserve of nongame species.
AB864,109,12
10(2) No Any rules promulgated or programs developed under this section may
11not impede, hinder or prohibit the utilization of lands for the construction, operation
12or maintenance of utility facilities otherwise authorized or permitted.
AB864, s. 406
13Section
406. 29.191 (title) of the statutes is created to read:
AB864,109,14
1429.191 (title)
Stamps.
AB864, s. 407
15Section
407. 29.191 (4) (a) 3. of the statutes is created to read:
AB864,109,1716
29.191
(4) (a) 3. Any other river or stream tributary of Lake Michigan or Green
17Bay that is designated by the department.
AB864, s. 408
18Section
408. 29.191 (5) (a) 2. of the statutes is created to read:
AB864,109,2019
29.191
(5) (a) 2. Any other river or stream tributary of Lake Michigan or Green
20Bay that is designated by the department.
AB864, s. 409
21Section
409. 29.192 (title) of the statutes is created to read:
AB864,109,22
2229.192 (title)
Regulation of takings of certain wild animals.
AB864, s. 410
23Section
410. 29.193 (title) of the statutes is created to read:
AB864,109,24
2429.193 (title)
Approvals for disabled persons.
AB864, s. 411
25Section
411. 29.194 (title) of the statutes is created to read:
AB864,110,1
129.194 (title)
Approvals for students and members of the armed forces.
AB864, s. 412
2Section
412. 29.22 of the statutes is renumbered 29.301 and amended to read:
AB864,110,83
29.301
General restrictions on hunting. (1) Hunting restricted areas. 4No person
shall may hunt within 1700
1,700 feet of any hospital, school grounds or
5sanatorium. The department may
designate the form for or furnish signs
6designating the restricted area. No
conviction shall
person may be
had for convicted 7of a violation of this subsection unless the restricted area is designated by
such the 8signs.
AB864,110,15
9(2) Color of clothing. In the areas in which there is a season for the hunting
10of deer with firearms, no person may hunt any game except waterfowl during
the 11that season
for the hunting of deer with firearms unless at least 50% of
each article
12of the person's outer clothing above the waist
, including a cap, hat or other head
13covering, is of a highly visible color commonly referred to as hunter orange, blaze
14orange, fluorescent orange, flame orange or fluorescent blaze orange. Any person
15violating this subsection
is subject to a forfeiture of shall forfeit not more than $10.
AB864,110,20
16(3) Back tag, display. No person may hunt deer unless
there the back tag issued
17to the person with the license authorizing deer hunting is attached to the center of
18the person's coat, shirt, jacket or similar outermost garment where it can clearly be
19seen
the back tag issued to the person with the license authorizing the hunting of
20deer.
Note: Under this bill, the department, rather than furnishing signs designating
a restricted area within 1700 feet of a hospital, school grounds or sanatorium, may either
designate the form for or furnish the signs.
Also, current restrictions on the color of outer clothing during deer gun season are
amended to provide that at least 50% of each article of the person's outer clothing above
the waist, including a cap, hat or other head covering, must be at least 50% hunter orange,
blaze orange or a similar color.
AB864, s. 413
1Section
413. 29.221 of the statutes is renumbered 29.341, and 29.341 (1), as
2renumbered, is amended to read:
AB864,111,93
29.341
(1) Any person who, while hunting any wild animal or bird, discharges
4a firearm or arrow, and
thereby by that discharge injures or kills another person,
5shall
forthwith immediately give his or her name and address to the
other injured 6person
if the other person is injured and, render
such assistance to
that other
the
7injured person
as may be necessary and obtain immediate medical or hospital care
8for the injured person, and
shall immediately
thereafter report
such
the injury or
9death to the sheriff or police of the locality in which
such the shooting took place.
AB864, s. 414
10Section
414. 29.222 of the statutes is renumbered 29.345 and amended to
11read:
AB864,111,20
1229.345 (title)
Hunting, fishing or trapping accident; failure to report. 13(1) Every person who
shall have has caused or been involved in an accident in which
14a
human being person has been injured by
gunfire or by bow and arrow discharge of
15a firearm or arrow while hunting
, fishing or trapping, or
shall have inflicted an injury
16upon himself or herself with a firearm or with
a bow and an arrow while hunting
,
17fishing or trapping, shall render a report to the department at any of its field offices
18within 10 days after
such the injury unless
such the person
be is physically incapable
19of making the required report
, in which event the person or persons involved in the
20accident shall designate an agent to file the report within the specified time.
AB864,112,2
21(2) Any person who
has been is involved in an accident with firearm or
bow and 22arrow while hunting
, fishing or trapping, and who fails to submit the report required
23by this section
, shall forfeit not more than $50. In addition, the court may revoke any
24license issued to
such the person under this chapter and may further provide that
1no license shall be issued to
such the person under this chapter for
such a fixed period
2of time
that specified by the court
may deem just.
Note: Provisions relating to hunting accidents are expanded by the bill to include
a bowfishing accident and to amend provisions to provide that if a person is injured by
discharge of a firearm or arrow while hunting, bowfishing or trapping, the person must
file a report.