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.
AB864, s. 491
17Section
491. 29.36 (title) of the statutes is renumbered 29.531 (title).
AB864,134,2320
29.531
(1) A set or bank pole license authorizing the use of not to exceed 5 set
21or bank poles for taking, catching or killing fish in the inland waters of the state
22where the use of setlines is permitted shall be issued subject to s.
29.09 29.024 by the
23department to any resident
applying who applies for
this the license.
AB864,135,2
24(2) No set or bank pole
shall may be used unless there is securely attached
25thereto a metal to the pole a tag stamped with the number of the license
covering the
1same. Tags shall be furnished by the department to the licensee at the time of issuing
2the license.
AB864, s. 493
3Section
493. 29.36 (3) of the statutes is renumbered 29.531 (3).
AB864,135,86
29.531
(4) No person who holds a set or bank pole license may operate a fish
7farm that contains a species of fish that the holder of the license is authorized to catch
8under this section
or under rules promulgated under this section.
AB864, s. 495
9Section
495. 29.37 (title) of the statutes is renumbered 29.533 (title).
AB864,135,1512
29.533
(1) A setline license authorizing the use of setlines and hooks in inland
13waters in the manner determined by the department for taking, catching or killing
14fish shall be issued subject to s.
29.09 29.024 by the department to any resident
15applying for this license.
AB864, s. 497
16Section
497. 29.37 (3) (a) of the statutes is renumbered 29.533 (3) (a) and
17amended to read:
AB864,135,2418
29.533
(3) (a) No person may operate any setline unless he or she has a setline
19license. No person may use a setline unless it is properly tagged. In order to be
20properly tagged a setline is required to be securely attached to a buoy or stake at one
21end, the buoy or stake is required to have attached to it a
metal tag stamped to
22designate the serial number of the setline license covering it and the buoy or stake
23is required to be placed and the tag attached in a manner so the tag is visible above
24the surface of the water.
AB864, s. 499
3Section
499. 29.37 (4) of the statutes is renumbered 29.533 (4).
AB864,136,96
29.533
(5) No person who holds a
set line setline license issued under this
7section may operate a fish farm that contains a kind of fish that the holder of the
8license is authorized to catch under this section
or under rules promulgated under
9this section.
AB864, s. 501
10Section
501. 29.38 of the statutes is renumbered 29.537, and 29.537 (2)
11(intro.), (3) (a) 2., (6) (a) (intro.), 1. and 2. and (b) and (9), as renumbered, are amended
12to read:
AB864,136,1313
29.537
(2) Definitions. (intro.)
As used in In this section:
AB864,136,16
14(3) (a) 2. The person is a licensed clam helper engaged in commercial clam
15shelling while aboard a
vessel boat with the licensed commercial clam sheller whom
16the clam helper is assisting.
AB864,136,20
17(6) (a) (intro.) Except as provided in par. (d), for purposes of enforcement of this
18section
and rules adopted under it, conservation, wardens or department employes
19authorized and designated by the secretary, upon presenting appropriate credentials
20to the licensee or agent in charge, are authorized to do all of the following:
AB864,136,2421
1. Enter any place, building or structure, excluding a dwelling place, in which
22clams or clamming equipment are stored, processed, packed or held and enter any
23vessel boat or vehicle being used to transport clams or clamming equipment when
24the licensee or agent in charge is present or upon 8 hours' notice at other times.
AB864,137,3
12. Inspect places, buildings, structures,
vessels boats or vehicles, all pertinent
2equipment used or stored in the places to be inspected and any clams stored,
3processed, packed or held in the places to be inspected.
AB864,137,64
(b) No licensee, operator of a vehicle or
vessel
boat for the licensee, or employe
5acting on behalf of the licensee may prohibit entry or prohibit an inspection from
6being conducted as authorized under par. (a).
AB864,137,13
7(9) Confidentiality. Upon request in writing by a person who is required by
8department rule to keep a record or submit a report, the department shall keep
9confidential any information on the record or report relating to the value or weight
10of clams bought, sold or bartered by the person or relating to the specific location
11where the clams were taken, killed, collected or removed, except that the information
12may be disclosed in statistical summaries or reports which do not identify the person
13by name or license number and in any enforcement action under s.
29.99 29.971 (1m).
AB864, s. 502
14Section
502. 29.39 of the statutes is renumbered 29.055 and amended to read:
AB864,137,23
1529.055 (title)
Possession during Wild animals; possession in closed
16season or in excess of bag limit. Except as
otherwise expressly provided
in this
17chapter, no person may have in the person's possession or under the person's control,
18or have in storage
or retention for any person, any wild animal
, or
the carcass
or part
19thereof, that was taken during the closed season for that wild animal or that is in
20excess of the bag or possession limit or contrary to the size limits for that wild animal.
21The open and closed seasons and the bag, possession and size limits of the state,
22province or country in which a wild animal was taken shall apply to the wild animal
23or the carcass if it was lawfully killed outside of this state.
AB864, s. 503
24Section
503. 29.395 of the statutes is renumbered 29.057 and amended to
25read:
AB864,138,5
129.057 (title)
Game,
Wild animals; possession in open season. It
shall be 2is unlawful to
have in possession
possess or
under control at any time
a protected
3wild animal or the carcass
or part of the carcass or skin of any protected wild animal
4showing that
the same has been it was taken during the
close closed season for
such 5the protected wild animal.
AB864, s. 504
6Section
504. 29.40 of the statutes is renumbered 29.347, and 29.347 (2), as
7renumbered, is amended to read:
AB864,138,158
29.347
(2) Deer tags. Except as provided under sub. (5) and s.
29.405 29.324 9(3), any person who kills a deer shall immediately attach to the ear or antler of the
10deer a current validated deer carcass tag which is authorized for use on the type of
11deer killed. Except as provided under sub. (2m) or s.
29.578 29.871 (7), (8) or (14),
12no person may possess, control, store or transport a deer carcass unless it is tagged
13as required under this subsection.
The carcass tag may not be removed before
14registration. The removal of a carcass tag from a deer before registration renders the
15deer untagged.