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 "California quail" is repealed because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.
AB864,31,14
13(2g) Any fish line left in the water unattended, whether having one or more
14hooks attached.
AB864,31,20
15(2m) Any long tunnel pound net or similar entrapping net other than the legal
16fyke net, drop net, submarine trap net and the short tunnel pound net whenever
17found in outlying waters or on any
vessel boat, dock, pier
, or wharf or in any building
18or vehicle on or adjacent to
such outlying waters. Any
such contraband nets
so found
19as described in this subsection shall be
deemed sufficient evidence of the use of
such 20the nets by the owner
thereof.
AB864,31,23
21(3) Any
screen device set in public waters to prevent the free passage of fish,
22or set in any stream which has been stocked by
the state
authorities unless
23authorized by the department.
AB864,31,25
24(4) Any
building, inclosure, permanent or temporary structure
, or shelter 25placed, occupied, or used on the ice of any waters in violation of this chapter.
AB864,32,2
1(5) Any unlicensed trap, snare, spring gun, set gun, net or other device
or
2contrivance which might entrap, ensnare, or kill game
; or any.
AB864,32,3
3(5m) Any trap without a metal tag attached as required by law.
AB864,32,4
4(6) Any boat, together with its
machinery, sails, tackle and equipment
, or any.
AB864,32,7
5(6g) Any lamp, light, gun,
pivot gun, swivel gun, or other firearm
, ammunition,
6bow, crossbow or arrow used in violation of this chapter or s. 167.31
; or any or any
7rules promulgated under s. 167.31.
AB864,32,9
8(6r) Any boat, floating raft, box, or blind set in open water and used in hunting
9game birds.
AB864,32,10
10(10) Any blind used in hunting waterfowl in violation of s.
29.27 29.327.
AB864,32,14
11(11) Any
motor vehicle,
as defined in s. 939.22 (44) boat, aircraft, remote
12sensing equipment, navigational device, survey equipment, scuba gear or other
13equipment or device used in the commission of a crime relating to a submerged
14cultural resource in violation of s. 44.47.
AB864, s. 94
15Section
94. 29.035 (title) of the statutes is created to read:
AB864,32,16
1629.035 (title)
Report of department.
AB864, s. 95
17Section
95. 29.047 (1) and (1m) of the statutes are created to read:
AB864,32,1818
29.047
(1) (a) In this subsection:
AB864,32,2019
1. "Transport" includes to cause to be transported, to deliver or offer to deliver
20for transportation and to receive or offer to receive for transportation.
AB864,32,2121
2. "Game" means any wild animal, wild bird or game fish.
AB864,32,2322
(b) No person in this state may transport into or through this state any game,
23or its carcass, from any other state in violation of any law of the other state.
AB864,33,224
(c) No person in this state may transport, possess or control in this state any
25game, or its carcass, that was taken in another state in violation of any restriction
1on open and closed seasons established under this chapter or of any bag, possession
2or size limit established under this chapter unless all of the following apply:
AB864,33,43
1. The game was lawfully taken in and lawfully transported from the other
4state.
AB864,33,65
2. The person holds a license issued by the other state that authorized the
6person to transport, possess or control the game or its carcass.
AB864,33,10
7(1m) Unless prohibited by the laws of an adjoining state, any person who has
8lawfully killed a deer in this state may take the deer or its carcass into the adjoining
9state and ship the deer or carcass from any point in the adjoining state to any point
10in this state.
AB864, s. 96
11Section
96. 29.047 (2) (intro.) of the statutes is created to read: