AB864,23,2323
29.001
(78) "Snowmobile" has the meaning given in s. 340.01 (58a).
AB864, s. 47
24Section
47. 29.001 (87) of the statutes is created to read:
AB864,24,2
129.001
(87) "Vehicle" means any device for moving persons or property or
2pulling implements from one place to another on land or rails or in the air.
AB864, s. 48
3Section
48. 29.01 (intro.) of the statutes is repealed.
AB864, s. 49
4Section
49. 29.01 (1) of the statutes is renumbered 29.001 (12) and amended
5to read:
AB864,24,86
29.001
(12) "Approval" means any type of approval or authorization issued by
7the department
or a county clerk under this chapter including any license, permit,
8certificate, card, stamp or tag unless the context requires a different meaning.
AB864, s. 50
9Section
50. 29.01 (1m) of the statutes is renumbered 29.001 (15) and amended
10to read:
AB864,24,1411
29.001
(15) "Attending boat" means an open boat used to transport equipment,
12crew or catch of a licensed boat, provide assistance in the operation of fishing gear
13by the licensed boat or provide other assistance in the commercial fishing operations
14of a boat licensed under s.
29.33 29.519.
AB864, s. 51
15Section
51. 29.01 (2) of the statutes is renumbered 29.001 (18) and amended
16to read:
AB864,24,1917
29.001
(18) "Carcass" means the dead body of any wild animal
to which it
18refers, including
the head, hair, skin, plumage, skeleton, or any
other part
thereof 19of the wild animal or the eggs of the wild animal.
AB864, s. 52
20Section
52. 29.01 (2m) of the statutes is renumbered 29.001 (21).
AB864, s. 53
21Section
53. 29.01 (2r) of the statutes is renumbered 29.001 (24).
AB864,25,73
29.001
(27) "Fishing" includes taking, capturing
, or killing
, or fishing for fish 4of any variety in any manner but does not include taking, capturing, killing or fishing
5for farm-raised fish
, other than farm-raised fish, or attempting to take, capture or
6kill fish, other than farm-raised fish. When
the word "fish" is used as a verb, it
shall
7have has the same meaning as
the word "fishing"
as defined herein.
AB864, s. 58
10Section
58. 29.01 (4) of the statutes is renumbered 29.001 (30) and amended
11to read:
AB864,25,1412
29.001
(30) "Fur-bearing animals" includes otter, beaver, mink, muskrat,
13marten, fisher, skunk, raccoon, fox, weasel, opossum, badger, wolf, coyote,
wildcat 14bobcat, cougar and lynx.
AB864, s. 59
15Section
59. 29.01 (5) of the statutes is renumbered 29.001 (33) and amended
16to read:
AB864,25,1717
29.001
(33) "Game" includes all varieties of wild mammals or birds
; "game.
AB864,25,19
18(41) "Game fish" includes all varieties of fish except rough fish and minnows
;
19"rough.
AB864,26,2
20(74) "Rough fish" includes
dace, suckers
, not listed as endangered or
21threatened under s. 29.604 (3), common carp, goldfish,
redhorse, freshwater drum,
22burbot, bowfin, garfish,
buffalo fish, sea lamprey, alewife, gizzard shad,
rainbow 23smelt
, goldeye, and mooneye
, carpsucker and quill back, in all waters and chub in
24inland waters only; "minnows" includes suckers, mud minnows, madtom, stonecat,
1killifish, stickleback, trout-perch, darters, sculpin and all minnow family cyprinids
2except goldfish and carp.
AB864, s. 60
3Section
60. 29.01 (6) of the statutes is renumbered 29.001 (36).
AB864, s. 61
4Section
61. 29.01 (7) of the statutes is renumbered 29.001 (39) and amended
5to read:
AB864,26,116
29.001
(39) "Game birds" includes
the following aquatic birds: Wild wild geese,
7brant, wild ducks, wild swan, rails, coots, gallinules,
jacksnipe snipe, woodcock,
8plovers
and, sandpipers
; the following upland birds:, ruffed grouse
(partridge),
9pinnated grouse (, prairie chicken
), sharp-tailed grouse, pheasants, Hungarian
10partridge, Chukar partridge, bobwhite, quail,
California quail crows and wild
11turkey.
Note: The DNR has established open and closed seasons for crows and classified
crows as game birds. The addition of crows to the definition of game bird recognizes this.
"Snipe" substitutes the correct name for this bird. "California quail" is repealed because
this bird does not occur in Wisconsin.
AB864,26,1614
29.001
(42) "Hunt" or "hunting" includes shooting, shooting at, pursuing,
15taking,
catching capturing or killing
or attempting to capture or kill any wild animal
16or animals.
AB864, s. 63
17Section
63. 29.01 (9) of the statutes is renumbered 29.001 (45).
AB864, s. 64
18Section
64. 29.01 (9m) of the statutes is renumbered 29.001 (51).
AB864, s. 65
19Section
65. 29.01 (10) of the statutes is renumbered 29.001 (60).
AB864, s. 66
20Section
66. 29.01 (11) of the statutes is renumbered 29.001 (63).
AB864, s. 69
3Section
69. 29.01 (11m) of the statutes is renumbered 29.001 (66).
AB864, s. 70
4Section
70. 29.01 (12) of the statutes is renumbered 29.001 (69).
AB864, s. 71
5Section
71. 29.01 (12m) of the statutes is renumbered 29.001 (72).
AB864, s. 73
8Section
73. 29.01 (12r) of the statutes, as created by
1997 Wisconsin Act 27,
9is renumbered 29.001 (76), and 29.001 (76) (b), as renumbered, is amended to read:
AB864,27,1110
29.001
(76) (b) A freeze-out pond for which a permit is issued under s.
29.521
1129.733 (2).
AB864, s. 74
12Section
74. 29.01 (13) of the statutes is renumbered 29.001 (84) and amended
13to read:
AB864,27,1814
29.001
(84) "Trapping" includes the taking, or the attempting to take, of any
15wild animal by means of setting or operating any device
, mechanism or contraption 16that is designed
, built or made to close upon, hold fast, or otherwise capture a wild
17animal
or animals. When
the word "trap" is used as a verb, it
shall have has the same
18meaning as
the word "trapping"
as defined herein.
AB864, s. 75
19Section
75. 29.01 (14) of the statutes is renumbered 29.001 (90).
AB864, s. 76
20Section
76. Subchapter II (title) of chapter 29 [precedes 29.011] of the statutes
21is created to read:
AB864,27,2423
Subchapter II
24
General Fish and Game Regulation
AB864, s. 77
25Section
77. 29.014 (title) of the statutes is created to read:
AB864,28,1
129.014 (title)
General rule-making authority.
AB864, s. 78
2Section
78. 29.014 (2) (a) and (c) of the statutes are created to read:
AB864,28,43
29.014
(2) (a) The department may promulgate rules to implement this
4chapter.
AB864,28,75
(c) Any reference to this chapter includes any rules promulgated under this
6chapter and any reference to any provision of this chapter includes any rules
7promulgated under that provision.
Note: Under s. 227.11 (2), state agencies are authorized to "promulgate rules
interpreting the provisions of any statute enforced or administered by it...". The DNR
therefore clearly has authority to promulgate rules under all provisions of ch. 29, subject
only to the specific limitations on its rule-making authority set forth in ch. 29, and to the
general requirement under s. 227.11 that a rule is not valid if it exceeds the bounds of
correction interpretation.
However, ch. 29 now contains many examples of permissive rule-making
authority. (For example, see s. 29.1085, related to bear harvest permits, which provides
in sub. (6): "The department may promulgate rules to administer and interpret this
section.".) This bill eliminates some, but not all, of those instances of permissive
rule-making authority, and makes ch. 29 conform to the clear meaning of s. 227.11 (2).
Note: One of the disadvantages, for the purposes of statutory interpretation, of
individual examples of permissive rule-making authority, is the potential for an
implication that by granting permissive rule-making authority for some provisions of ch.
29, the legislature did not intend to grant rule-making authority for other provisions of
the chapter. This is clearly not the case, and such an implication would in fact be contrary
to the legislature's broad grant of authority to the DNR under ch. 29 to regulate fish and
game.
The creation of a general statement of rule-making authority in new s. 29.014 (2)
(a) and the reference to statutory authority in new s. 29.014 (2) (c) is intended to resolve
any potential doubt about the DNR's authority to promulgate rules under all provisions
of ch. 29. Because the DNR already has such authority under s. 227.11 (2), the general
grant of rule-making authority under new s. 29.014 (2) (a) is remedial, and applies to all
rules promulgated by the DNR under ch. 29 prior to the effective date of this bill.
AB864, s. 79
8Section
79. 29.014 (4) of the statutes is created to read:
AB864,28,129
29.014
(4) No person may challenge the validity of a rule promulgated under
10this chapter in any prosecution of that person for a violation of this chapter or rules
11promulgated under this chapter unless the person has previously brought a separate
12action under s. 227.40 seeking a declaratory judgment on the validity of the rule.
Note: This provision restates the substance of current s. 29.174 (7).
AB864, s. 80
13Section
80. 29.015 (title) of the statutes is repealed.
AB864, s. 81
1Section
81. 29.015 (1) (intro.) of the statutes is renumbered 29.417 (3) (intro.)
2and amended to read:
AB864,29,53
29.417
(3) (intro.)
Whenever the hereinafter named bays Bays and harbors
are
4mentioned in this chapter, listed in this section shall have the following description
5for the same shall apply:
Note: This bill places descriptions of bays and harbors in new s. 29.417 relating
to permits to take rough fish. The descriptions are moved there since these bays and
harbors are referred to only in the statute relating to permits to take rough fish.
AB864, s. 82
6Section
82. 29.015 (1) (a) of the statutes is repealed.
AB864, s. 83
7Section
83. 29.015 (1) (b) to (i) of the statutes are renumbered 29.417 (3) (a)
8to (h).
AB864, s. 84
9Section
84. 29.015 (1) (j) of the statutes is renumbered 29.001 (81) and
10amended to read:
AB864,29,1411
29.001
(81) That "Sturgeon Bay" means that body of water
known as Sturgeon
12bay lying south and east of a line commencing at the most northerly point of section
1323, township 28 north, range 25 east, and running in a northeasterly direction to the
14water's edge on north line of section 13, same township and range.
AB864, s. 85
15Section
85. 29.015 (1) (k) to (m) of the statutes are renumbered 29.417 (3) (i)
16to (k).
AB864, s. 86
17Section
86. 29.015 (1) (n) to (q) of the statutes are repealed.
AB864, s. 87
18Section
87. 29.02 (title), (1) and (2) of the statutes are renumbered 29.011
19(title), (1) and (2), and 29.011 (1) and (2), as renumbered, are amended to read:
AB864,29,2220
29.011
(1) The legal title to, and the custody and protection of, all wild animals
21within this state is vested in the state for the purposes of regulating the enjoyment,
22use, disposition, and conservation
thereof of these wild animals.
AB864,30,9
1(2) The legal title to
any such a wild animal
, or carcass
or part there of, taken
2or reduced to possession in violation of this chapter, remains in the state
; and the.
3The title to
any such a wild animal
, or carcass
or part thereof, lawfully acquired, is
4subject to the condition that upon the violation of this chapter relating to the
5possession, use, giving, sale, barter or transportation of
such a wild animal
, or
6carcass
or part thereof, by the
holder of such title owner, the
same
ownership shall
7revert, as a result of the violation, to the state.
In either case, any such wild animal,
8or carcass or part thereof, may be seized forthwith, wherever found, by the
9department or its wardens.
Note: The provision on seizure is redundant with current s. 29.05 (7) to (9),
renumbered as s. 29.931.
AB864, s. 88
10Section
88. 29.02 (3) of the statutes is repealed.
Note: The current text of s. 29.02 (3) and (3m) of the statutes is as follows:
"29.02 (3) This section shall not permit seizure of nor prohibit possession or sale
of lawfully obtained wild birds and animals which are mounted or in the process of being
mounted for a private collection.
(3m) This section does not permit the seizure by the department, or prohibit the
possession or sale, of farm-raised deer or farm-raised fish.".
Section 29.02 (1) provides that the state holds title to wild animals. Section 29.02
(2) provides that if any person has acquired title to a wild animal or its carcass, title
reverts to the state if the person violates any provision of ch. 29 related to possession, use,
giving, sale, barter or transportation of the wild animal or its carcass. The overall
purpose of these 2 subsections is not to establish authority or procedures for the seizures
of wild animals or carcasses, so s. 29.02 (3) and (3m) do not serve any purpose.
AB864, s. 90
13Section
90. 29.024 (title) of the statutes is created to read:
AB864,30,14
1429.024 (title)
Approvals; forms; issuing agents.
AB864, s. 91
15Section
91. 29.024 (9) of the statutes is created to read:
AB864,30,1716
29.024
(9) Tags. The department shall provide all tags required under this
17chapter and shall specify their form and numbering.
AB864, s. 92
18Section
92. 29.025 of the statutes is renumbered 29.075.
AB864, s. 93
1Section
93. 29.03 of the statutes is renumbered 29.927, and 29.927 (1) to (6),
2(10) and (11), as renumbered, are amended to read:
AB864,31,43
29.927
(1) Any unlicensed
, untagged or unmarked net of any kind, or other
4unlicensed
, untagged or unmarked device
, trap, or contrivance for fishing
; or any.
AB864,31,7
5(1m) Any licensed
, tagged or marked net or other device
, trap or contrivance 6for fishing set, placed, or found in any waters where
the same it is prohibited to be
7used, or in a manner prohibited by
law this chapter.
AB864,31,9
8(2) Any unlicensed
, untagged or unmarked setline, cable, rope, or line, with
9more than one fish line attached
thereto; or any.
AB864,31,12
10(2c) Any licensed
, tagged or marked setline set, placed, or found in any waters
11where
the same it is prohibited to be used, or in a manner prohibited by
law; or any 12this chapter.