Note: The current text of s. 29.511 is as follows:
"29.511 Cold water fish hatchery. In exercising the powers granted to the
department under s. 29.51 the department shall purchase and establish fish hatchery
facilities specializing in the production of cold water fish. The hatchery shall be located
in a county centrally situated and no farther than 40 miles from Lake Michigan. The
capacity of the fish hatchery should permit a minimum of 40,000 pounds of fish
production."
This provision was created to allow the DNR to establish a cold water fish hatchery.
That hatchery has been established, and the statute no longer serves a purpose.
Note: The current text of s. 29.512 (1) is as follows:
29.512 (1) Upon complaint in writing by an owner or lessee of land to the
department that operation of the well by the department at the Bayfield fish hatchery has
caused damage through disruption of well operations located within 10,000 feet of the fish
hatchery well, the department shall inquire into the matter. If it appears to the
department that the facts stated in the complaint are true, the department shall pay to
the claimant the amount of such damages, as determined by the department."
This provision allowed the DNR to address damage caused by the well at the
Bayfield fish hatchery when the well was constructed. The statute no longer serves a
purpose.
AB864, s. 576
1Section
576. 29.513 (title) of the statutes is renumbered 29.737 (title).
AB864, s. 577
2Section
577. 29.513 (1) to (4) of the statutes are renumbered 29.737 (1) to (4)
3and amended to read:
AB864,157,64
29.737
(1) Any person or persons owning all of the land bordering
on any a 5navigable lake that is completely landlocked may apply to the department for a
6permit to remove, destroy or introduce fish in
such
the lake.
AB864,157,11
7(2) Upon receiving such application the The department shall hold a public
8hearing
on the permit application in the vicinity of
such the lake, and if the
9department determines that the hearing is favorable the department may issue a
10permit authorizing the applicant to remove, destroy or introduce fish in
such the 11lake.
AB864,157,18
12(3) Such permit The department shall
be subject to such impose appropriate 13terms, conditions and limitations
as the department deems proper on the permit. All
14work done under the
authority of such permit shall be under the supervision of
15employes or agents of the department
or its agents, who shall
be afforded have free
16access to
such the lake at all times for
such that purpose
by the permittee. The
17permittee shall pay the expenses of
such the supervision
shall be paid by the
18permittee.
AB864,157,20
19(4) All fish removed from
such the lake under
such a permit shall be
turned over
20to disposed of as directed by the department.
AB864, s. 580
3Section
580. 29.515 of the statutes is renumbered 29.713 and amended to
4read:
AB864,158,6
529.713 Trespass to state fish hatchery. Whoever does any of the following
6without proper authority shall be subject to the penalties under s.
29.99 29.971 (1):
AB864,158,8
7(1) Without proper authority, enters
Enters upon the grounds of
any a state fish
8hatchery for the purpose of killing or taking fish
therefrom; or.
AB864,158,11
9(2) Without proper authority, kills,
Kills or takes
or catches any fish from any
10waters or grounds
which the person knew or should have known belonged to or were
11connected with any of a state fish hatchery
; or.
AB864,158,14
12(3) Without proper authority to do so, intentionally or negligently injures 13Injures any fish, or
in any manner interferes harmfully with the ponds, streams,
14troughs or other property of a state fish hatchery.
Note: The requirement of knowledge in s. 29.515 (2) and the requirement of intent
or negligence in s. 29.515 (3) existed when a criminal penalty was imposed for violation
of this provision. The offense has since been decriminalized, and the penalty is now a civil
forfeiture. The requirement for the prosecutor to prove knowledge, intent or negligence
is typically included in statutes subject to criminal penalties, due to the seriousness of the
penalty. This requirement is not necessary where the penalty is a civil forfeiture and it
is therefore eliminated.
AB864,159,103
29.736
(5) The requirement of being issued a permit under this section
shall 4does not apply to civic organizations, organizations operating newspapers or
5television stations or promoters of sport shows when and in connection with publicly
6showing or exhibiting, giving demonstrations with or providing fishing of fish for
7periods of not to exceed 10 days if the fish are placed in a tank or an artificially
8constructed pond that is a self-contained body of water. Fish used for
such these 9purposes shall have been certified by a qualified inspector to meet the fish health
10standards and requirements promulgated under s. 95.60 (4s) (b).
AB864, s. 586
13Section
586. 29.535 (1) (a) (intro.) of the statutes is renumbered 29.745 (1) (a)
14(intro.) and amended to read:
AB864,159,1615
29.745
(1) (a) (intro.) A person
must be issued shall obtain a permit from the
16department before doing any of the following:
AB864,159,2019
29.745
(1) (a) 1. Importing into the state any wild animal other than fish or
20their eggs for the purpose of introducing
, or stocking
or planting that wild animal.
AB864,159,2423
29.745
(1) (a) 2. Introducing
, or stocking
or planting any wild animal other than
24fish or their eggs.
AB864, s. 589
1Section
589. 29.535 (1) (b) of the statutes is renumbered 29.745 (1) (b) and
2amended to read:
AB864,160,43
29.745
(1) (b)
Applications Application for
such permits a permit shall be made
4in writing on forms provided by to the department.
AB864,160,97
29.745
(1) (c) Permits for introducing
, or stocking
or planting under par. (a) 2.
8shall be issued by the department only after investigation and inspection of the wild
9animals as the department determines
is necessary.
Note: This subsection pertains to DNR authority to import and introduce wild
animals other than fish and is recreated as new s. 29.745 (2).
Note: Section 29.536 relates to municipal fish hatcheries and fisheries. There are
none.
AB864, s. 593
13Section
593. 29.54 of the statutes is renumbered 29.741, and 29.741 (title) and
14(1), as renumbered, are amended to read:
AB864,160,20
1529.741 (title)
State propagation of wild
mammals and birds animals. 16(1) The department may take or purchase
and direct the distribution of wild
17mammals and birds animals and their eggs for propagation.
The distribution thereof
18shall be made throughout the state under the supervision and direction of the
19department and according to its rules This subsection does not apply to farm-raised
20fish.
AB864, s. 594
21Section
594. 29.544 of the statutes is renumbered 29.607, and 29.607 (title),
22(1), (2) (a), (3) (title) and (4) to (7), as renumbered, are amended to read:
AB864,161,4
129.607 (title)
Wild rice conservation; licenses. (1) Title to wild rice. (a)
2The legal title to all wild rice growing in any lake of the state, whether meandered
3or not, is vested in the state for the purpose of regulating harvest, use, disposition
4and conservation
thereof of wild rice.
AB864,161,125
(b) The legal title to
such wild rice taken or reduced to possession in violation
6of this chapter
or of any rule of the department remains in the state
; and the title.
7Title to
any such wild rice lawfully acquired is subject to the condition that upon the
8violation of this
chapter or of any department rule relating to the possession, use,
9harvest, sale or purchase thereof section by the holder of
such title
to the wild rice,
10the
same title shall revert, as a result of the violation, to the state.
In either case,
11such wild rice may be seized forthwith wherever found by the department or its
12agents.
AB864,161,21
13(2) (a)
The department may promulgate such rules governing the harvest, use
14and disposition of wild rice growing in the navigable lakes of the state as it deems
15reasonably necessary for the conservation and wise use thereof. The secretary may
16designate the opening date for harvesting wild rice in any navigable lake or stream
17by posting notice of
such the opening date on the shores of and at places of public
18access to
such the lake at least 24 hours before
such the opening date, unless the
19department promulgates by rule a different time period required for notice.
Such
20posting Posting is
deemed sufficient notice of
such the opening date and no other
21publication
thereof is required.
AB864,161,22
22(3) (title)
License required; exceptions; wild rice identification card.
AB864,161,25
23(4) Licenses. (a)
Wild rice harvest license. No wild rice harvest license is
24required of helpers of a licensee who participate only in shore operations. Wild rice
25harvest licenses may be issued only to residents
of this state.
AB864,162,13
1(b)
Wild rice dealer license. A wild rice dealer license is required to buy wild
2rice within the state for resale to anyone except consumers, or to sell wild rice
3imported from outside of the state to anyone within the state except consumers, or
4to process wild rice not harvested by the processor himself or herself for resale by the
5processor to any other person. The license is required to be a class D wild rice dealer
6license if the amount of wild rice bought, sold or processed by the licensee within the
7year covered by the license exceeds 50,000 pounds. The license is required to be a
8class C wild rice dealer license if this amount exceeds 25,000 pounds but does not
9exceed 50,000 pounds. The license is required to be a class B wild rice dealer license
10if this amount exceeds 5,000 pounds but does not exceed 25,000 pounds. The license
11is required to be a class A wild rice dealer license if this amount does not exceed 5,000
12pounds. For the purposes of this section,
2 1/2
2.5 pounds of raw rice is
deemed 13equivalent to one pound of processed rice.
AB864,162,22
14(5) Records and reports. Each wild rice dealer shall keep a
correct and
15complete book record in the
English language
form required by the department of all
16wild rice bought, sold or processed by the dealer during the period covered by the
17dealer's license showing the date of each transaction, the names and addresses of all
18other parties
thereto to the transaction, and the amount of wild rice involved,
19whether raw or processed.
Each such The record shall be open for inspection by the
20department
or its agents at all reasonable times. All licensed wild rice dealers shall
21file
such reports on their operations as wild rice dealers as
are required by the
22department.
AB864,162,25
23(6) Private waters. (a) Nothing in this section shall be construed as giving
the 24this state
of Wisconsin, or the department
or its agents the right to control, regulate,
25manage or harvest wild rice growing on privately owned beds of flowages or ponds.
AB864,163,2
1(b) No person
shall, within the boundaries of this state, may use or cause to be
2used any mechanical device of any nature in the harvesting or gathering of wild rice.
AB864,163,4
3(7) Penalties. Any person violating this section shall be punished pursuant
4to s.
29.99 29.971 (2) and (12).
AB864, s. 595
5Section
595. 29.547 of the statutes is renumbered 29.611, and 29.611 (title),
6(1) (intro.), (4) (b) and (11), as renumbered, are amended to read:
AB864,163,8
729.611 (title)
Ginseng protected Wild ginseng. (1) Definitions. (intro.)
8As used in In this section:
AB864,163,10
9(4) (b) The dealer knows that the vendor has violated this section
or a rule
10promulgated under this section.
AB864,163,15
11(11) Penalty. A person who violates this section
or a rule promulgated under
12this section shall forfeit not more than $500. A person who violates this section
or
13a rule promulgated under this section within 3 years after conviction for
a previous
14violation of this section
or a rule promulgated under this section shall forfeit not more
15than $1,000.
AB864, s. 597
18Section
597. Subchapter VII (title) of chapter 29 [precedes 29.553] of the
19statutes is created to read:
AB864,163,2020
Chapter 29
AB864,163,2321
Subchapter VII
22
Approval fees and
23
effective periods
AB864, s. 598
24Section
598. 29.555 of the statutes is renumbered 29.617.
AB864, s. 599
25Section
599. 29.557 of the statutes is renumbered 29.089.
AB864, s. 600
1Section
600. 29.56 of the statutes is renumbered 29.091 and amended to read:
AB864,164,10
229.091 (title)
Game or Hunting or trapping in wildlife refuge. No person
3shall at any time or in any manner may hunt or trap within
the boundaries of any
4game or wildlife refuge established
pursuant to under s. 23.09 (2) (b) or
29.57 29.621,
5nor or have possession or control of
therein, any gun
or rifle, firearm, bow or crossbow 6unless the
same gun or firearm is unloaded
, the bow or crossbow is unstrung and
the
7gun, firearm, bow or crossbow is enclosed within a carrying case. The taking of
8predatory game birds and animals shall be done as the department directs. All state
9game or wildlife refuge boundary lines shall be marked by posts placed at intervals
10of not over 500 feet and bearing signs with the words "Wisconsin Wildlife Refuge".
AB864, s. 601
11Section
601
. 29.563 of the statutes is created to read:
AB864,164,14
1229.563 Fee schedule. (1) General. Unless specifically provided otherwise
13in this chapter, a person who applies for an approval shall pay the applicable fees
14specified in subs. (2) to (14).
AB864,164,15
15(2) Hunting approvals. The fees for hunting approvals are as follows:
AB864,164,1616
(a)
Resident licenses. 1. Small game: $12.25.
AB864,164,1717
2. Small game issued to a resident senior citizen: $5.25.
AB864,164,1818
3. Small game issued to a member of the armed forces under s. 29.194 (3): $0.
AB864,164,1919
4. Small game issued to 12-year-olds to 17-year-olds: $6.25.
AB864,164,2020
5. Deer: $18.25.
AB864,164,2121
6. Class A bear: $39.25.
AB864,164,2222
7. Class B bear: $6.25.
AB864,164,2323
8. Archer: $18.25.
AB864,164,2424
9. Wild turkey: $9.25.
AB864,164,2525
(b)
Nonresident licenses. 1. Annual small game: $73.25.
AB864,165,1
12. Five-day small game: $41.25.
AB864,165,22
3. Deer: $133.25.
AB864,165,33
4. Class A bear: $199.25.
AB864,165,44
5. Class B bear: $98.25.
AB864,165,55
6. Archer: $133.25.
AB864,165,66
7. Fur-bearing animal: $148.25.
AB864,165,77
8. Wild turkey: $53.25.
AB864,165,88
(c)
Resident permit. 1. Bonus deer: $12.
AB864,165,99
2. Bonus deer issued to a person under s. 29.181 (2m): $0.