AB864,122,25
223. Have in the possession or under the control of
such the person, upon any
23inland waters
of this state, any dynamite or other explosives or poisonous or
24stupefying substances or devices for the purpose of taking, catching or killing fish or
25game.
Note: "Inland waters" is changed to "waters of this state" to be consistent with the
other prohibitions in this subsection.
AB864,123,2
1(b) Whoever violates this subsection shall be fined not more than $500 or
2imprisoned
for not more than 90 days or both.
AB864,123,5
3(2) (title)
Poison bait
. No person
shall may use, set, lay or prepare in any of
4the waters of this state any
lime, poison
, fish berries, or any other substance
5deleterious to fish life.
AB864, s. 451
6Section
451. 29.29 (3) (title) of the statutes is renumbered 29.601 (3) (title).
AB864, s. 452
7Section
452. 29.29 (3) (b) of the statutes is renumbered 29.601 (3) (a) and
8amended to read:
AB864,123,159
29.601
(3) (a) No person may throw or deposit, or permit to be thrown or
10deposited, into any waters within the jurisdiction of the state any lime, oil, tar,
11garbage, refuse, debris, tanbark, ship ballast, stone, sand, except where permitted
12by s. 30.12 (3) (a) 1., slabs, decayed wood, sawdust, sawmill refuse, planing mill
13shavings or waste material of any kind, or any acids or chemicals or waste or refuse
14arising from the manufacture of any article of commerce, or any other substance
15deleterious to game or fish life
other than.
AB864,123,22
16(b) Paragraph (a) does not apply to authorized drainage and sewage from
17municipalities and industrial or other wastes discharged from mines or commercial
18or industrial or ore processing plants or operations, through treatment and disposal
19facilities installed and operated in accordance with plans submitted to and approved
20by the department under chs. 281, 285 or 289 to 299, except s. 281.48, or in
21compliance with orders of the department. Any
such order
shall be is subject to
22modification by subsequent orders.
AB864,124,2
1(c) 1. Any person violating this
paragraph subsection shall forfeit not more than
2$200. Each day of a continuing violation is a separate offense.
AB864, s. 453
3Section
453. 29.29 (3) (c) of the statutes is renumbered 29.601 (3) (c) 2.
AB864,124,126
29.601
(4) Use of pesticides. The department of natural resources, after public
7hearing, may promulgate rules governing the use of any pesticide which it finds is
8a serious hazard to wild animals other than those it is intended to control, and the
9making of reports
thereon about the pesticide. In
making such determinations 10promulgating the rules, the department to the extent relevant shall consider the
11need for pesticides to protect the well-being of the general public. "Pesticide" has the
12meaning
designated in given in s. 94.67.
AB864,124,2017
29.601
(5) (a) This section does not apply to any activities carried out under the
18direction and supervision of the
state department of transportation in connection
19with the construction, reconstruction, maintenance and repair of highways and
20bridges
accomplished in accordance with s. 30.12 (4).
AB864, s. 458
23Section
458. 29.30 (title), (1) and (2) of the statutes are renumbered 29.516
24(title), (1) and (2), and 29.516 (1) and (2) (intro.), (b) to (d), (f) and (g), as renumbered,
25are amended to read:
AB864,125,8
129.516
(1) License required. Nets and setlines may be used for the purpose
2of taking, catching, or killing fish, subject to the conditions, limitations and
3restrictions prescribed in this chapter; but no person
shall may set, place or use in
4any waters of this state any net, trap, snare, set hook, or setline, which is intended
5to or might take, catch or kill fish of any variety, other than a landing net, dip net,
6minnow seine or minnow dip net, unless a license
therefor authorizing the use of
7nets, setlines, traps or snares has been
duly issued to
such the person
by the
8department.
AB864,125,10
9(2) Restrictions on the use of licensed nets and setlines. (intro.) The use
10of licensed nets and setlines is subject
, further, to the following conditions:
AB864,125,1311
(b) No net of any kind shall be set so as to shut off more than
one-half 50% of
12any channel or passageway of any stream, or set within 1,000 feet of any other net
13in
said the stream.
AB864,125,1414
(c) No licensee
shall may join a net to that of any other licensee.
AB864,125,1715
(d) All nets or set hooks
, when set or placed in any waters
, shall be marked with
16a number corresponding to the license number authorizing the use of the nets or set
17hooks. The method of marking the nets shall be as follows:
AB864,125,24
181. On drop nets, submarine trap nets and fyke nets, when set below the surface
19of the water, there shall be a buoy attached to the pot rope, on all gill nets and set
20hooks there shall be a buoy on each end of the gang, the buoys shall have a staff
21extending at least 3 feet above the surface of the water, upon the upper end of the staff
22there shall be a flag at least 10 inches square. Upon the bowl of the buoys there shall
23be maintained in plain figures the license number authorizing the use of the nets or
24set hooks.
AB864,126,4
12. On pound nets and stake fyke nets there shall be maintained at least 3 feet
2above the surface of the water, or the surface of the ice, when set through the ice, a
3board or similar material, which shall bear the license number authorizing the use
4of the nets.
AB864,126,7
53. On gill nets or set hooks when set through the ice there shall be maintained
6on each end of the gang a board or similar material which shall bear the license
7number authorizing the use of the nets or set hooks.
AB864,126,118
(f) No licensed net
shall may be drawn or lifted at any time between one hour
9after sunset and one hour before sunrise of the following morning, except as
10otherwise approved by the department or, in the case of an emergency, following
11notice to the nearest U.S. coast guard station.
AB864,126,1712
(g) Except as provided in s.
29.33 29.519 (4m), no fish of any kind shall be taken
13or retained in any net, when drawn or lifted, other than the kind or kinds expressly
14authorized to be taken or retained in
such the net, as provided in this chapter; and
15except as provided by department order any
such other kind or kinds of fish coming
16into or taken in
such the nets shall be immediately returned, carefully and with as
17little injury as possible, to the waters from which they were taken.
AB864, s. 460
20Section
460. Subchapter IV (title) of chapter 29 [precedes 29.301] of the
21statutes is created to read:
AB864,126,2222
CHAPTER 29
AB864,126,2423
Subchapter IV
24
Hunting AND TRAPPING Regulation
AB864, s. 461
1Section
461. 29.33 (title) and (1) (title) of the statutes are renumbered 29.519
2(title) and (1) (title).
AB864, s. 462
3Section
462. 29.33 (1) of the statutes is renumbered 29.519 (1) (a) and
4amended to read:
AB864,127,75
29.519
(1) (a)
Any No person
desiring to may conduct commercial fishing
6operations on any of the outlying waters
shall first obtain unless the person is issued 7a commercial fishing license
by the department.
AB864,127,15
8(b) The department may limit the number of licenses issued under this section
9and designate the areas in the outlying waters under the jurisdiction of this state
10where commercial fishing operations shall be restricted. The department may
11establish harvest limits and allocate the harvest limits among commercial fishing
12licensees. The department may designate the kind, size and amount of gear to be
13used in the harvest. The limitations on licenses, restricted fishing areas, harvests
14and gear shall be based on the available harvestable population of fish and
in on the
15wise use and conservation of the fish so as to prevent overexploitation.
AB864,127,21
16(c) The department may promulgate rules defining the qualifications of
17licensees in the reasonable exercise of this authority, giving due consideration to
18residency, past record including compliance with the reporting requirements of sub.
19(5), fishing and navigation ability and quantity and quality of equipment possessed.
20Rules relating to licensing commercial fishers shall be based on criteria provided by
21the commercial fishing boards under sub. (7).
AB864,128,10
22(d) The application for the license shall be made to the department
on a blank
23provided for that purpose, accompanied by the fee specified in s.
29.092 29.563 (7).
24The application shall state the name, birthdate, description and
residence address
25of the residence of the applicant, the manner in which he or she proposes to fish, the
1name or number and overall length of his or her boats, the name of the hailing port
2from which the boats will operate, and the number and kind of nets or other gear he
3or she intends to use in connection with commercial fishing and any other
4information required by the department for statistical purposes. The applicant shall
5provide an itemized listing of commercial fishing gear and equipment with the
6current values of those items of commercial fishing equipment, sufficient to meet the
7investment requirements for licensing as established in rules promulgated under
8this section. "Overall length" means the minimum distance between the extreme
9outside end of the bow and the stern using the nearest whole number of feet.
The
10license shall be issued in accordance with s. 29.09.
AB864,128,12
11(e) No outlying waters commercial fishing license may be issued to a person
12under the age of 18 years.
AB864, s. 463
13Section
463. 29.33 (2) (title) of the statutes is renumbered 29.519 (2) (title).
AB864, s. 464
14Section
464. 29.33 (2) (c) of the statutes is renumbered 29.519 (2) (c) and
15amended to read:
AB864,128,2216
29.519
(2) (c)
Nonresident defined.
For the purpose of In this section,
the term 17"nonresident"
shall include includes any individual who is not a resident
under s.
1829.01 (12), any individual applying for a license for use of nets on a boat registered
19or of record at a port outside of the state, or any partnership, association, corporation
20or limited liability company any of whose stock, boats, nets and fishing equipment
21has been owned by a nonresident at any time during the 2 years immediately prior
22to the application for a license.
AB864, s. 465
23Section
465. 29.33 (2) (d) to (h) of the statutes are renumbered 29.519 (2) (d)
24to (h).
AB864, s. 466
25Section
466. 29.33 (3) of the statutes is repealed.
AB864, s. 467
1Section
467. 29.33 (4) of the statutes is renumbered 29.519 (4), and 29.519 (4)
2(b) and (c), as renumbered, are amended to read:
AB864,129,73
29.519
(4) (b) Each member of a crew engaged in the setting, lifting or pulling
4of nets or other devices set under authority of a commercial fishing license shall carry
5the crew license on his or her person while so engaged and upon demand of any
6conservation warden shall exhibit the license. Persons using minnow seines and dip
7nets used for taking smelt and minnows are exempt from this subsection.
AB864,129,228
(c) In case of illness or unavailability for good cause of a licensed crew member,
9an unlicensed person may work on a commercial fishing operation for a period not
10to exceed 48 hours under a temporary crew identification card, after which time he
11or she must obtain a crew license to engage in commercial fishing operations.
12Temporary crew identification cards shall be issued by the department to commercial
13fishing licensees for use as provided in this paragraph. Prior to use, the commercial
14licensee shall indicate on the temporary crew identification card the license number
15and name of the commercial fisher for whom the crew member will be working, the
16time and date the crew member commences work under the card and the crew
17member's name, address, description and his or her signature. The card shall be
18presented, upon request, to a
conservation warden and must be in the possession of
19the crew member at all times while engaged in commercial fishing operations. The
20commercial fisher issuing the temporary crew identification card to an unlicensed
21person shall submit the card to the department with the commercial catch report
22submitted for the period in which work conducted under the card was performed.
AB864,130,4
129.519
(4g) Prohibition against operating fish farms. No person who holds
2a commercial fishing or crew license issued under this section may operate a fish
3farm that contains a species of fish that the holder of the license is authorized to catch
4under this section
or rules promulgated under this section.
AB864, s. 469
5Section
469. 29.33 (4m) (title), (a) and (b) of the statutes are renumbered
629.519 (4m) (title), (a) and (b).
AB864, s. 471
9Section
471. 29.33 (4m) (c) 1. and 2. of the statutes are renumbered 29.519
10(4m) (c) 1. and 2.
AB864, s. 473
13Section
473. 29.33 (5) of the statutes is renumbered 29.519 (5).
AB864, s. 474
14Section
474. 29.33 (6) of the statutes is renumbered 29.519 (6) and amended
15to read:
AB864,130,1916
29.519
(6) Inspection. For purposes of enforcement of this section,
17conservation wardens or department employes duly authorized and designated by
18the secretary, upon presenting appropriate credentials to the licensee or agent in
19charge, are authorized:
AB864,130,2320
(a) To enter any building or structure, excluding a dwelling place, in which nets
21or fish are stored, processed, packed or held, or to enter any
vessel
boat or vehicle
22being used to transport nets or fish when the owner or agent in charge is present or
23upon 8 hours' notice at other times.
AB864,131,3
1(b) To inspect buildings, structures,
vessels boats or vehicles, all pertinent
2equipment including nets used or stored in the places to be inspected and any fish
3stored, processed, packed or held in the places to be inspected.
AB864, s. 475
4Section
475. 29.33 (6m) and (7) of the statutes are renumbered 29.519 (6m)
5and (7).
AB864, s. 476
6Section
476. 29.331 (2) (title) and (5) (title) of the statutes are created to read:
AB864,131,77
29.331
(2) (title)
Shipments.
AB864,131,8
8(5) (title)
Molesting traps.
AB864, s. 477
9Section
477. 29.336 of the statutes is renumbered 29.522.
AB864, s. 478
10Section
478. 29.34 (title), (1), (2) and (4) (a) and (b) of the statutes are
11renumbered 29.523 (title), (1), (2) and (4) (a) and (b), and 29.523 (1) and (4) (a), as
12renumbered, are amended to read:
AB864,131,1813
29.523
(1) Licenses which authorize the use of nets in the Mississippi
river as
14limited herein River and in that part of the St. Croix
river River downstream from
15the dam at St. Croix Falls shall be issued subject to s.
29.09 29.024 by the department
16to
any a resident
applying therefor who applies for a license. This subsection
, as
17applicable to the St. Croix
river shall River, is not
become effective
until
unless 18Minnesota has
enacted in effect similar legislation.
AB864,131,22
19(4) (a) Except when lifting or setting a gill net, no person may use a seine, gill,
20bait, buffalo or frame net in the Mississippi and St. Croix rivers unless the net has
21the required number of
metal tags stamped to designate the kind of net and number
22of the net license covering it securely fastened to it.
AB864, s. 480
1Section
480. 29.34 (5) of the statutes is renumbered 29.523 (5) and amended
2to read:
AB864,132,73
29.523
(5) Each
such licensee shall keep a strict record and account as to each
4variety of fish and the number of pounds
thereof
of each variety that are taken by the
5licensee in gear licensed to the licensee and such other information as the
6department requires; and shall report thereon to the department on or before the
710th day of each month during the license period.
AB864,132,1210
29.523
(6) No person who holds a net license may operate a fish farm that
11contains a variety of fish that the holder of the license is authorized to catch under
12this section
or under rules promulgated under this section.
AB864, s. 482
13Section
482. 29.343 (title) of the statutes is renumbered 29.526 (title) and
14amended to read:
AB864,132,15
1529.526 (title)
Slat net fishing in the Mississippi river River.
AB864,132,2218
29.526
(1) A slat net license authorizing the taking of commercial fish through
19the use of slat nets in that part of the Mississippi
river River over which this state
20has jurisdiction between the Minnesota-Iowa boundary line extended and the
21Wisconsin-Illinois boundary line extended shall be issued subject to s.
29.09 29.024 22by the department to any resident who applies for this license.
AB864, s. 484
23Section
484. 29.343 (2) of the statutes is renumbered 29.526 (2).
AB864, s. 485
24Section
485. 29.343 (3) of the statutes is renumbered 29.526 (3) and amended
25to read:
AB864,133,4
129.526
(3) No person may use a slat net unless it is properly tagged. In order
2to be properly tagged a slat net is required to have attached to it a
metal tag stamped
3to designate the kind of net and the number of the slat net license. Slat net tags are
4required to remain attached to the nets until replaced by renewal tags.
AB864, s. 486
5Section
486. 29.343 (4) of the statutes is renumbered 29.526 (4) and amended
6to read:
AB864,133,117
29.526
(4) No slat net may be set within 100 feet of any muskrat or beaver
8house. Any slat net found in any waters during the closed season for the use of slat
9nets and any slat net found on the Wisconsin banks or shores without a slat net tag
10and showing evidence of being used in the previous 5 months shall be seized and held
11subject to the order of the court or judge under s.
29.05 29.931 (2).
AB864,133,1816
29.526
(6) No person who holds a slat net license may operate a fish farm that
17contains a species of fish that the holder of the license is authorized to catch under
18this section
or under rules promulgated under this section.
AB864, s. 489
19Section
489. 29.344 (title) and (1) to (4) of the statutes are renumbered 29.529
20(title) and (1) to (4) and amended to read:
AB864,133,23
2129.529 (title)
Trammel net fishing in the Mississippi river River. (1) The
22department may issue a trammel net license to any resident who applies for this
23license
subject to s. 29.09.
AB864,133,25
24(2) This license authorizes the use of trammel nets in that part of the
25Mississippi
river River over which this state has jurisdiction.
AB864,134,5
1(3) No person may use a trammel net which exceeds 300 feet and no person may
2use a trammel net unless it is properly tagged. In order to be properly tagged, a
3trammel net is required to have attached to it a
metal tag stamped to designate the
4kind of net and the number of the trammel net license. Trammel net tags are
5required to remain attached to the nets until replaced by renewal tags.
AB864,134,10
6(4) No trammel net may be set within 100 feet of any muskrat or beaver house.
7Any trammel net found in any waters during the closed season for the use of trammel
8nets and any trammel nets found on the Wisconsin banks or shores without a
9trammel net tag and showing evidence of being used in the previous 5 months shall
10be seized and held subject to the order of the court or judge under s.
29.05 29.931 (2).
AB864,134,1613
29.529
(5) No person who holds a trammel net license issued under this section
14may operate a fish farm that contains a species of fish that the holder of the license
15is authorized to catch under this section
or under rules promulgated under this
16section.