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.
AB864, s. 415
3Section
415. 29.223 of the statutes is renumbered 29.083.
AB864, s. 416
4Section
416. 29.224 (title), (1) and (2) (title), (a) and (b) of the statutes are
5renumbered 29.597 (title), (1) and (2) (title), (a) and (b), and 29.597 (title), (1) (a) and
6(2) (a) 1., as renumbered, are amended to read:
AB864,112,13
729.597 (title)
Trapper education program
; certificate of
8accomplishment. (1) (a) The department shall establish and supervise the
9administration of a
statewide trapper education program funded from the
10appropriations under s. 20.370 (1) (Lq) and (ma). The department shall enter into
11an agreement with
a statewide an organization that has demonstrated ability and
12experience in the field of trapper education to assist in the establishment and
13administration of the program.
AB864,112,15
14(2) (a) 1. Contract with a qualified individual, who
shall may not be an employe
15of the department, to operate the trapper education program.
AB864, s. 417
16Section
417. 29.224 (2) (c) of the statutes is repealed.
Note: The current text of s. 29.224 (2) (c) is as follows:
"29.224 (2) (c) The administration of the trapper education program shall be under
the supervision of the subunit of the department that is responsible for resource
management."
This provision is repealed because the assignment of staff duties and the internal
organization of state agencies are properly the responsibility of those agencies.
AB864, s. 418
17Section
418. 29.224 (3) to (6) (a) of the statutes are renumbered 29.597 (3) to
18(6) (a), and 29.597 (3) (b), (5) and (6) (a), as renumbered, are amended to read:
AB864,113,419
29.597
(3) (b) An instructor conducting the course of instruction under the
20trapper education program shall collect the fee established under par. (a) from each
1person receiving instruction. The department may authorize an instructor to retain
2up to 50% of the fee to defray expenses incurred
in the instructor's operation of by
3the instructor conducting the course. The instructor shall remit the remaining
4portion of the fee or, if nothing is retained, the entire fee to the department.
AB864,113,11
5(5) Certificate of accomplishment. (a) The department shall issue a
6certificate of accomplishment
without charge to a person who successfully completes
7the course of instruction under the trapper education program and who pays the
8instruction fee.
The department shall prescribe the form and content of the
9certificate of accomplishment. The certificate may be used by a resident to whom
10issued in place of a trapping license
as required in s. 29.09 for the period specified
11in s. 29.093 (6) (am) by the department.
AB864,113,1512
(b) The department
may shall issue a duplicate certificate of accomplishment
13to a person who is entitled to a duplicate certificate
under this section of
14accomplishment. The department shall establish by rule the fee for a duplicate
15certificate.
AB864,113,18
16(6) (a)
Except as provided in pars. (b) to (d), no No person may be issued an
17approval authorizing trapping unless he or she holds a valid certificate of
18accomplishment issued under this section.
AB864, s. 419
19Section
419. 29.224 (6) (b) (bn), (c) and (d) of the statutes are renumbered
2029.597 (6) (b) 1., 2., 3. and 4., and 29.597 (6) (b) 1., 3. and 4., as renumbered, are
21amended to read:
AB864,113,2322
29.597
(6) (b) 1. A person who holds on May 12, 1992, a valid approval
23authorizing trapping
is exempt from the requirement under par. (a).
AB864,114,3
13. A person who has held a valid approval authorizing trapping that expired
2before May 12, 1992, and that was not suspended or revoked
is exempt from the
3requirement under par. (a).
AB864,114,84
4. A person who holds a valid certificate, license or other evidence indicating
5that he or she has successfully completed a trapper education course in another state
6is exempt from the requirement under par. (a) if the department determines that the
7course has substantially the same content as the course of instruction under the
8program established under this section.
AB864, s. 420
9Section
420. 29.225 (title) and (1) to (3) of the statutes are renumbered 29.591
10(title) and (1) to (3) and amended to read:
AB864,114,22
1129.591 (title)
Hunter education and firearm safety program; certificate
12of accomplishment. (1) Establishment; contents. The department shall
13establish
by rule a
statewide hunter education and firearm safety program. The
14hunter education and firearm safety program shall provide for a course of instruction
15in each school district or county. The department shall conduct this course of
16instruction in cooperation with qualified individuals, organizations, groups,
17associations, public or private corporations and federal, state and local
18governmental entities. This course shall provide instruction to students in the
19commonly accepted principles of safety in handling hunting firearms and
20equipment, the responsibilities of hunters to wildlife, environment, landowners and
21others, how to recognize threatened and endangered species which cannot be hunted
22and the principles of wildlife management and conservation.
AB864,115,6
23(2) Administration. The law enforcement administrator shall be the
24department's authorized agent to administer, supervise and enforce this section.
25The department shall appoint a qualified person from the law enforcement function,
1under the classified service, as the hunter education administrator and shall
2prescribe his or her duties and responsibilities. The department may appoint county
3directors
, master hunter education instructors and
regular categories of hunter
4education instructors necessary for the hunter education and firearm safety
5program. These appointees are responsible to the department and shall serve on a
6voluntary basis without compensation.
Note: The first sentence of current s. 29.225 (2) is repealed because the assignment
of staff duties and the internal organization of state agencies are properly the
responsibility of those agencies. The 2nd sentence of current s. 29.225 (2) is repealed
because the appointment of staff in the unclassified service can only be accomplished by
creating that position in s. 230.08. The requirement to appoint this position in the
classified service is unnecessary.
AB864,115,15
7(3) Instruction fee. The
department instructor shall collect the instruction
8fee specified under s.
29.092 (2) (n) 29.563 (11) (b) 1. from each person who receives
9instruction under the hunter education and firearm safety program
and remit the
10fee to the department. The department may authorize an instructor
conducting a
11course of instruction meeting standards established by the department to retain 50%
12of this fee to defray expenses incurred
locally to operate the program by the
13instructor in conducting the course. The
instructor shall remit the remaining portion
14of the fee or, if nothing is retained, the entire fee s
hall be deposited in the
15conservation fund to the department.
AB864, s. 421
16Section
421. 29.225 (4) (title) of the statutes is renumbered 29.591 (4) (title).
AB864, s. 422
17Section
422. 29.225 (4) (a) (title) of the statutes is renumbered 29.591 (4) (a)
18(title).
AB864,116,321
29.591
(4) (a) 1. The department shall issue a certificate of accomplishment
for
22free to a person who successfully completes the course of instruction under the
1hunter education and firearm safety program and who pays the instruction fee.
The
2department shall prescribe the form and content of the certificate of
3accomplishment.
AB864,116,9
629.591
(4) (a) 2. A resident may use the certificate of accomplishment issued
7to him or her for successfully completing the course of instruction under the hunter
8education and firearm safety program for the first time in place of a small game
9hunting license
as required in s. 29.09.
AB864,116,1812
29.591
(4) (am)
Authorization for antlerless deer. The department may
13authorize a person to whom it issues a certificate of accomplishment for successfully
14completing the course of instruction under the hunter education and firearm safety
15program for the first time to use the certificate in place of a permit issued under s.
1629.107 29.177 to take one antlerless deer in specific areas identified by the
17department. The authorization for group deer hunting under s.
29.405 29.324 shall
18not apply to a person hunting an antlerless deer as authorized under this paragraph.
AB864, s. 426
19Section
426. 29.225 (4) (b) of the statutes is renumbered 29.591 (4) (b) and
20amended to read:
AB864,116,2421
29.591
(4) (b)
Duplicate. The department
may shall issue a duplicate
22certificate of accomplishment to a person who is entitled to a duplicate certificate
of
23accomplishment and who pays the fee specified under s.
29.092 (13) (f). This fee shall
24be deposited in the conservation fund 29.563 (12) (c) 2.
AB864, s. 427
1Section
427. 29.226 (title) and (1) to (3) of the statutes are renumbered 29.593
2(title) and (1) to (3) and amended to read:
AB864,117,7
329.593 (title)
Requirement for certificate of accomplishment to obtain
4hunting approval for certain persons born on or after January 1, 1973. (1) 5Except as provided under subs. (2) and (3), no person born on or after January 1,
61973, may obtain any approval authorizing hunting unless the person is issued a
7certificate of accomplishment under s.
29.225 29.591.
AB864,117,12
8(2) A person who has
a certificate, license or other evidence
that is satisfactory
9to the department indicating that he or she has completed a hunter safety course in
10another state and the course is recognized by the department under a reciprocity
11agreement may obtain an approval authorizing hunting
regardless of whether the
12person is issued a certificate of accomplishment under s. 29.225 in this state.
AB864,117,15
13(3) A person who successfully completes basic training in the U.S. armed forces,
14reserves or national guard may obtain an approval authorizing hunting
regardless
15of whether the person is issued a certificate of accomplishment under s. 29.225.
AB864,117,2120
29.593
(4) (a) His or her certificate of accomplishment issued under s.
29.225 2129.591.
AB864, s. 431
24Section
431. 29.227 of the statutes is renumbered 29.304, and 29.304 (1) (d),
25as renumbered, is amended to read:
AB864,118,4
129.304
(1) (d)
Restrictions on validity of certificate of accomplishment. A person
2under 12 years of age may obtain a certificate of accomplishment if he or she complies
3with the requirements of s.
29.225 29.591 (4) but that certificate is not valid for the
4hunting of small game until that person becomes 12 years of age.
AB864, s. 432
5Section
432. 29.23 of the statutes is renumbered 29.307 and amended to read:
AB864,118,9
629.307 (title)
Hunting with aid of airplane aircraft prohibited. No
7person
shall may hunt any animal with the aid of an
airplane aircraft, including the
8use of an
airplane aircraft to spot,
rally group or drive
, or otherwise attempt to affect
9the behavior of, animals for hunters on the ground.
Note: Current provisions relating to prohibiting hunting with the aid of an
airplane are amended to include "aircraft" rather than an airplane, which would include,
for example, a helicopter, to substitute "group" for "rally" and to add a prohibition against
otherwise attempting to affect the behavior of the animals for the benefit of hunters on
the ground.
AB864,118,1814
29.337
(1) (a)
Such persons An owner or occupant may not hunt any of these
15wild animals during the period of 24 hours
prior to the opening date for before the
16time for commencement of the deer hunting
season in
those counties or parts of
17counties any area where an open season for hunting deer with firearms is
18established.
AB864, s. 437
1Section
437. 29.241 (title) of the statutes is created to read:
AB864,119,2
229.241 (title)
Trapping license.
AB864, s. 439
5Section
439. 29.255 of the statutes is renumbered 29.321 and amended to
6read:
AB864,119,12
729.321 Training of hunting dogs and rules for dog trials. The department
8may promulgate
, pursuant to s. 23.09, such rules governing the training of hunting
9dogs and the conduct of dog trials
as in its opinion are necessary to encourage the use
10of hunting dogs and to safeguard wildlife in the state, but
such the rules
shall may 11not
be promulgated for permit the use of dogs for general hunting of small game
12during general hunting seasons.
AB864, s. 440
13Section
440. 29.256 of the statutes is renumbered 29.317.
AB864, s. 441
14Section
441. 29.27 (title) and (1) of the statutes are renumbered 29.327 (title)
15and (1), and 29.327 (1) (b), as renumbered, is amended to read:
AB864,119,1716
29.327
(1) (b) "Waterfowl" means wild geese, brant, wild ducks, rails, coots,
17gallinules,
jacksnipe snipe, woodcock, plovers, sandpipers and wild swan.
AB864, s. 442
18Section
442. 29.27 (3) of the statutes is renumbered 29.327 (2) (a) and
19amended to read:
AB864,119,2220
29.327
(2) (a) A blind situated on state-owned property and used in hunting
21waterfowl must bear the name of the owner affixed permanently to the blind in
22lettering one-inch square or larger.
The blind
AB864,120,9
23(b) A blind on state-owned property may be erected not more than 7 days prior
24to the opening of the waterfowl hunting season
, as prescribed by the department, and
25must be removed
by the owner within 7 days after the close of the season.
A blind
1situated on state-owned property which does not bear the name of the owner as
2prescribed by this section is a public nuisance. The department may seize all such
3nuisances and may destroy or sell the blinds in the name of the state. The
4department and its deputies are exempt from all liability to the owner for the seizure
5and destruction or sale of the blind. The owner is responsible for removing the blind
6within 7 days after the close of the waterfowl hunting season. Any owner who erects
7a blind more than 7 days prior to the opening of the waterfowl hunting season or who
8does not remove a blind within 7 days after the close of the waterfowl season shall
9be subject to a forfeiture of forfeit not less than $10 nor more than $200.