AB864: Bill Text

AB864, s. 587 Section 587. 29.535 (1) (a) 1. of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.745 (1) (a) 1. and amended to read:

AB864,159,20 29.745 (1) (a) 1. Importing into the state any wild animal other than fish or their eggs for the purpose of introducing, or stocking or planting that wild animal.

AB864, s. 588 Section 588. 29.535 (1) (a) 2. of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.745 (1) (a) 2. and amended to read:

AB864,159,24 29.745 (1) (a) 2. Introducing, or stocking or planting any wild animal other than fish or their eggs.

AB864, s. 589 Section 589. 29.535 (1) (b) of the statutes is renumbered 29.745 (1) (b) and amended to read:

AB864,160,4 29.745 (1) (b) Applications Application for such permits a permit shall be made in writing on forms provided by to the department.

AB864, s. 590 Section 590. 29.535 (1) (c) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.745 (1) (c) and amended to read:

AB864,160,9 29.745 (1) (c) Permits for introducing, or stocking or planting under par. (a) 2. shall be issued by the department only after investigation and inspection of the wild animals as the department determines is necessary.

AB864, s. 591 Section 591. 29.535 (2) of the statutes, as affected by 1997 Wisconsin Act 27, is repealed.

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).

AB864, s. 592 Section 592. 29.536 of the statutes is repealed.

Note: Section 29.536 relates to municipal fish hatcheries and fisheries. There are none.

AB864, s. 593 Section 593. 29.54 of the statutes is renumbered 29.741, and 29.741 (title) and (1), as renumbered, are amended to read:

AB864,160,20 29.741 (title) State propagation of wild mammals and birds animals. (1) The department may take or purchase and direct the distribution of wild mammals and birds animals and their eggs for propagation. The distribution thereof shall be made throughout the state under the supervision and direction of the department and according to its rules This subsection does not apply to farm-raised fish.

AB864, s. 594 Section 594. 29.544 of the statutes is renumbered 29.607, and 29.607 (title), (1), (2) (a), (3) (title) and (4) to (7), as renumbered, are amended to read:

AB864,161,4 29.607 (title) Wild rice conservation; licenses. (1) Title to wild rice. (a) The legal title to all wild rice growing in any lake of the state, whether meandered or not, is vested in the state for the purpose of regulating harvest, use, disposition and conservation thereof of wild rice.

AB864,161,12 (b) The legal title to such wild rice taken or reduced to possession in violation of this chapter or of any rule of the department remains in the state; and the title. Title to any such wild rice lawfully acquired is subject to the condition that upon the violation of this chapter or of any department rule relating to the possession, use, harvest, sale or purchase thereof section by the holder of such title to the wild rice, the same title shall revert, as a result of the violation, to the state. In either case, such wild rice may be seized forthwith wherever found by the department or its agents.

AB864,161,21 (2) (a) The department may promulgate such rules governing the harvest, use and disposition of wild rice growing in the navigable lakes of the state as it deems reasonably necessary for the conservation and wise use thereof. The secretary may designate the opening date for harvesting wild rice in any navigable lake or stream by posting notice of such the opening date on the shores of and at places of public access to such the lake at least 24 hours before such the opening date, unless the department promulgates by rule a different time period required for notice. Such posting Posting is deemed sufficient notice of such the opening date and no other publication thereof is required.

AB864,161,22 (3) (title) License required; exceptions; wild rice identification card.

AB864,161,25 (4) Licenses. (a) Wild rice harvest license. No wild rice harvest license is required of helpers of a licensee who participate only in shore operations. Wild rice harvest licenses may be issued only to residents of this state.

AB864,162,13 (b) Wild rice dealer license. A wild rice dealer license is required to buy wild rice within the state for resale to anyone except consumers, or to sell wild rice imported from outside of the state to anyone within the state except consumers, or to process wild rice not harvested by the processor himself or herself for resale by the processor to any other person. The license is required to be a class D wild rice dealer license if the amount of wild rice bought, sold or processed by the licensee within the year covered by the license exceeds 50,000 pounds. The license is required to be a class C wild rice dealer license if this amount exceeds 25,000 pounds but does not exceed 50,000 pounds. The license is required to be a class B wild rice dealer license if this amount exceeds 5,000 pounds but does not exceed 25,000 pounds. The license is required to be a class A wild rice dealer license if this amount does not exceed 5,000 pounds. For the purposes of this section, 2 1/2 2.5 pounds of raw rice is deemed equivalent to one pound of processed rice.

AB864,162,22 (5) Records and reports. Each wild rice dealer shall keep a correct and complete book record in the English language form required by the department of all wild rice bought, sold or processed by the dealer during the period covered by the dealer's license showing the date of each transaction, the names and addresses of all other parties thereto to the transaction, and the amount of wild rice involved, whether raw or processed. Each such The record shall be open for inspection by the department or its agents at all reasonable times. All licensed wild rice dealers shall file such reports on their operations as wild rice dealers as are required by the department.

AB864,162,25 (6) Private waters. (a) Nothing in this section shall be construed as giving the this state of Wisconsin, or the department or its agents the right to control, regulate, manage or harvest wild rice growing on privately owned beds of flowages or ponds.

AB864,163,2 (b) No person shall, within the boundaries of this state, may use or cause to be used any mechanical device of any nature in the harvesting or gathering of wild rice.

AB864,163,4 (7) Penalties. Any person violating this section shall be punished pursuant to s. 29.99 29.971 (2) and (12).

AB864, s. 595 Section 595. 29.547 of the statutes is renumbered 29.611, and 29.611 (title), (1) (intro.), (4) (b) and (11), as renumbered, are amended to read:

AB864,163,8 29.611 (title) Ginseng protected Wild ginseng. (1) Definitions. (intro.) As used in In this section:

AB864,163,10 (4) (b) The dealer knows that the vendor has violated this section or a rule promulgated under this section.

AB864,163,15 (11) Penalty. A person who violates this section or a rule promulgated under this section shall forfeit not more than $500. A person who violates this section or a rule promulgated under this section within 3 years after conviction for a previous violation of this section or a rule promulgated under this section shall forfeit not more than $1,000.

AB864, s. 596 Section 596. 29.55 of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.857.

AB864, s. 597 Section 597. Subchapter VII (title) of chapter 29 [precedes 29.553] of the statutes is created to read:

AB864,163,20 Chapter 29

AB864,163,23 Subchapter VII Approval fees and effective periods

AB864, s. 598 Section 598. 29.555 of the statutes is renumbered 29.617.

AB864, s. 599 Section 599. 29.557 of the statutes is renumbered 29.089.

AB864, s. 600 Section 600. 29.56 of the statutes is renumbered 29.091 and amended to read:

AB864,164,10 29.091 (title) Game or Hunting or trapping in wildlife refuge. No person shall at any time or in any manner may hunt or trap within the boundaries of any game or wildlife refuge established pursuant to under s. 23.09 (2) (b) or 29.57 29.621, nor or have possession or control of therein, any gun or rifle, firearm, bow or crossbow unless the same gun or firearm is unloaded, the bow or crossbow is unstrung and the gun, firearm, bow or crossbow is enclosed within a carrying case. The taking of predatory game birds and animals shall be done as the department directs. All state game or wildlife refuge boundary lines shall be marked by posts placed at intervals of not over 500 feet and bearing signs with the words "Wisconsin Wildlife Refuge".

AB864, s. 601 Section 601 . 29.563 of the statutes is created to read:

AB864,164,14 29.563 Fee schedule. (1) General. Unless specifically provided otherwise in this chapter, a person who applies for an approval shall pay the applicable fees specified in subs. (2) to (14).

AB864,164,15 (2) Hunting approvals. The fees for hunting approvals are as follows:

AB864,164,16 (a) Resident licenses. 1. Small game: $12.25.

AB864,164,17 2. Small game issued to a resident senior citizen: $5.25.

AB864,164,18 3. Small game issued to a member of the armed forces under s. 29.194 (3): $0.

AB864,164,19 4. Small game issued to 12-year-olds to 17-year-olds: $6.25.

AB864,164,20 5. Deer: $18.25.

AB864,164,21 6. Class A bear: $39.25.

AB864,164,22 7. Class B bear: $6.25.

AB864,164,23 8. Archer: $18.25.

AB864,164,24 9. Wild turkey: $9.25.

AB864,164,25 (b) Nonresident licenses. 1. Annual small game: $73.25.

AB864,165,1 2. Five-day small game: $41.25.

AB864,165,2 3. Deer: $133.25.

AB864,165,3 4. Class A bear: $199.25.

AB864,165,4 5. Class B bear: $98.25.

AB864,165,5 6. Archer: $133.25.

AB864,165,6 7. Fur-bearing animal: $148.25.

AB864,165,7 8. Wild turkey: $53.25.

AB864,165,8 (c) Resident permit. 1. Bonus deer: $12.

AB864,165,9 2. Bonus deer issued to a person under s. 29.181 (2m): $0.

AB864,165,10 (d) Nonresident permit. Bonus deer: $20.

AB864,165,11 (e) Stamps. 1. Wild turkey: $5.

AB864,165,12 2. Pheasant: $7.

AB864,165,13 3. Waterfowl: $6.75.

AB864,165,14 (3) Fishing approvals. The fees for fishing approvals are as follows:

AB864,165,15 (a) Resident licenses. 1. Annual: $13.25.

AB864,165,16 2. Annual fishing issued to a resident senior citizen: $6.25.

AB864,165,17 3. Husband and wife: $23.25.

AB864,165,18 4. Annual fishing license issued to 16-year-olds and 17-year-olds: $6.25.

AB864,165,19 5. Two-day sports fishing: $9.25.

AB864,165,21 6. Annual fishing issued to a member of the armed forces under s. 29.194 (2): $0.

AB864,165,22 7. Annual fishing issued to a disabled person under 29.193 (3): $6.25.

AB864,165,24 8. Annual fishing issued to a resident at Wisconsin Veterans Home at King: $0.

AB864,166,2 9. Annual fishing license issued to a disabled veteran under s. 29.219 (2) (c): $4.25.

AB864,166,3 (b) Nonresident licenses. 1. Annual: $33.25.

AB864,166,4 2. Annual family: $51.25.

AB864,166,5 3. Fifteen-day: $19.25.

AB864,166,6 4. Fifteen-day family: $29.25.

AB864,166,7 5. Four-day: $14.25.

AB864,166,8 6. Two-day sports: $9.25.

AB864,166,9 (c) Stamps. 1. Inland waters trout: $7.

AB864,166,10 2. Great Lakes trout and salmon: $7.

AB864,166,11 (d) Other. 1. Sturgeon spearing: $9.25.

AB864,166,12 2. One-day special fishing events: the fee as established by rule.

AB864,166,13 (4) Combination approvals. The fees for combination approvals are as follows:

AB864,166,15 (a) Resident licenses. 1. Sports: $41.25 or a greater amount at the applicant's option.

AB864,166,16 2. Conservation patron: $107.25 or a greater amount at the applicant's option.

AB864,166,18 (b) Nonresident licenses. 1. Sports: $248.25 or a greater amount at the applicant's option.

AB864,166,19 2. Conservation patron: $572.25 or a greater amount at the applicant's option.

AB864,166,21 (5) Guide and sport trolling approvals. The fees for guide and sport trolling approvals are as follows: