109,84gh
Section 84gh. 26.145 (2m) of the statutes, as created by 2001 Wisconsin Act .... (this act) is repealed.
26.39 (4) (a) The department shall credit to the appropriation account under s. 20.370 (1) (cu) the moneys received as surcharges under s. 28.06 (2m) during fiscal year 2001-02, up to a total amount of $300,000. The department shall credit any balance over $300,000 that remains from the moneys received as such surcharges during fiscal year 2001-02 to the appropriation account under s. 20.370 (1) (cv).
109,84gp
Section 84gp. 26.39 (4) (b) of the statutes is created to read:
26.39 (4) (b) For fiscal year 2002-03 and each fiscal year thereafter, the department shall credit 50% of the moneys received as surcharges under s. 28.06 (2m) during the applicable fiscal year to the appropriation account under s. 20.370 (1) (cu) and the remaining 50% to the appropriation account under s. 20.370 (1) (cv).
109,84j
Section 84j. 29.001 (20) of the statutes is created to read:
29.001 (20) "Deer" means white-tailed deer and does not include farm-raised deer.
109,84k
Section 84k. 29.001 (22) of the statutes is created to read:
29.001 (22) "Elk" means elk that is present in the wild and that does not have an ear tag or other mark identifying it as being raised on a farm.
109,84km
Section 84km. 29.001 (36) of the statutes is amended to read:
29.001 (36) "Game animals" includes means deer, moose, elk, bear, rabbits, squirrels, fox and, raccoon, and any other wild animals specified by the department.
109,84kmb
Section 84kmb. 29.024 (2) (a) of the statutes is amended to read:
29.024 (2) (a) A Except as provided in s. 29.182 (4), a hunting, trapping, or fishing approval may be issued only to and obtained only by a natural person entitled to the approval.
109,84kmd
Section 84kmd. 29.024 (2) (d) of the statutes is amended to read:
29.024 (2) (d) Except as provided under s. 29.182 (4) or 29.519 (2) (d) or by rule, no person may transfer his or her approval or permit the use of any approval by any other person.
29.038 (1) (a) "Local governmental unit" has the meaning given in s. 22.01 16.97 (7).
109,84mf
Section 84mf. 29.047 (1m) of the statutes is amended to read:
29.047 (1m) Unless prohibited by the laws of an adjoining state, any person who has lawfully killed a deer or an elk in this state may take the deer or elk or its carcass into the adjoining state and ship the deer or elk or carcass from any point in the adjoining state to any point in this state.
109,84mg
Section 84mg. 29.053 (1) of the statutes is amended to read:
29.053 (1) All fishing seasons on inland waters shall open on a Saturday. All fishing seasons on inland waters and outlying waters shall close on a Sunday.
109,84mh
Section 84mh. 29.089 (3) of the statutes is amended to read:
29.089 (3) A person may hunt deer, elk, wild turkeys, or small game in a state park, or in a portion of a state park, if the department has authorized by rule the hunting of that type of game in the state park, or in the portion of the state park, and if the person holds the approvals required under this chapter for hunting that type of game.
109,84mj
Section 84mj. 29.161 of the statutes is amended to read:
29.161 Resident small game hunting license. A resident small game hunting license shall be issued subject to s. 29.024 by the department to any resident applying for this license. The resident small game hunting license does not authorize the hunting of bear, deer, elk, or wild turkey.
109,84mm
Section 84mm. 29.171 (2) of the statutes is amended to read:
29.171 (2) A resident archer hunting license authorizes the hunting of all game, except bear, elk, and wild turkey, during the open seasons for hunting that game with bow and arrow established by the department. This license authorizes hunting with a bow and arrow only, unless hunting with a crossbow is authorized by a Class A, Class B, or Class C permit issued under s. 29.193 (2) or a permit issued under sub. (4).
109,84mp
Section 84mp. 29.182 of the statutes is created to read:
29.182 Elk hunting licenses. (1) Department authority. The department may issue elk hunting licenses and may limit the number of elk hunters and elk harvested in any area of the state. The department may establish by rule closed zones where elk hunting is prohibited.
(2) Application. A person who applies for an elk hunting license under this section shall pay the processing fee under s. 29.553 at the time of application.
(3) Authorization. (a) A resident elk hunting license authorizes a resident of this state to hunt elk with a firearm or bow and arrow, or with a crossbow, if the resident has a Class A, Class B, or Class C permit issued under s. 29.193 (2) that authorizes hunting with a crossbow, or if the resident has a crossbow permit issued under s. 29.171 (4) (a).
(b) A nonresident elk hunting license authorizes a nonresident of this state to hunt elk with a firearm or with a bow and arrow.
(4) Issuance. (a) Except as provided in pars. (c) and (d) and sub. (4m), if the department issues elk hunting licenses, the department shall issue a resident or nonresident elk hunting license to any person who applies for such a license, and who pays the fees required for the license.
(b) In issuing resident elk hunting licenses and nonresident elk hunting licenses under this section, the department shall determine the number of licenses it will issue in a given elk hunting season and shall allocate the licenses to residents and nonresidents in the following manner:
1. If the total number of licenses to be issued is 100 licenses or less, the licenses shall be allocated for issuance only as resident elk hunting licenses.
2. If the number of licenses to be issued is more than 100 licenses, the first 100 licenses and 95% of the amount over 100 shall be allocated for issuance as resident elk hunting licenses and the remaining licenses shall be allocated for issuance as nonresident elk hunting licenses.
(c) If the number of applicants for resident elk hunting licenses exceeds the number of resident elk hunting licenses that are available under par. (b), the department shall select at random the residents to be issued the licenses. If the number of applicants for resident elk hunting licenses is less than the number of resident elk hunting licenses available under par. (b), the department shall reallocate the unissued licenses to be issued as nonresident elk hunting licenses under par. (d).
(d) If the number of applicants for nonresident elk hunting licenses exceeds the number of nonresident elk hunting licenses that are available under par. (b), the department shall select at random the nonresidents to be issued the licenses. If the number of applicants for nonresident elk hunting licenses is less than the number of nonresident elk hunting licenses available under par. (b), the department shall reallocate the unissued licenses to be issued as resident elk hunting licenses.
(e) In addition to any other elk hunting license that the department issues under this subsection, the department shall issue one resident elk hunting license in an elk hunting season to an organization known as the Rocky Mountain Elk Foundation if the organization applies for the license for that season and pays the required fees for the license. The organization may apply for the license only during the first 5 elk hunting seasons for which licenses are issued under this section.
(f) The organization known as the Rocky Mountain Elk Foundation shall award the license that is issued under par. (e) as a prize in a raffle conducted by a subunit of the organization that is licensed to conduct raffles under ch. 563.
(g) The organization known as the Rocky Mountain Elk Foundation shall transfer the license awarded or under par. (f) only to a person who is qualified to receive a resident elk hunting license and shall transfer to that person the carcass tag and back tag that was issued by the department to the organization under subs. (6) and (7).
(h) If the organization known as the Rocky Mountain Elk Foundation fails to transfer the license under par. (g), the license shall become invalid, and the department may issue another resident elk hunting license under this subsection.
(i) The organization known as the Rocky Mountain Elk Foundation shall use the proceeds from the raffle under par. (f) in this state to promote elk management, to promote the reintroduction of eastern elk, or to further elk research.
(4m) Limitation of one license. A person may be issued, or transferred under par. (g), only one resident elk hunting license in his or her lifetime, and the resident elk hunting license shall be valid for only one elk hunting season. The issuance, or transfer under par. (g), of the license to the person is subject to s. 29.024 (2g).
(5) Fees. Fees received from the issuance of licenses under this section shall be credited to the appropriation account under s. 20.370 (1) (hq).
(6) Carcass tag. The department shall issue an elk carcass tag to each person and organization who is issued an elk hunting license under this section.
(7) Back tag. (a) The department shall issue a back tag to each person and organization who is issued an elk hunting license under this section.
(b) No person may hunt elk unless there is attached to the center of the person's coat, shirt, jacket, or similar outermost garment where it can be clearly seen, the back tag issued to the person under par. (a).
109,84n
Section 84n. 29.204 of the statutes is amended to read:
29.204 Nonresident annual small game hunting license. A nonresident annual small game hunting license shall be issued subject to s. 29.024 by the department to any nonresident applying for this license. The nonresident annual small game hunting license authorizes the hunting of small game during the appropriate open season but does not authorize the hunting of deer, elk, bear, wild turkey, or fur-bearing animals.
109,84nab
Section 84nab. 29.207 of the statutes is amended to read:
29.207 Nonresident 5-day small game hunting license. A nonresident 5-day small game hunting license shall be issued subject to s. 29.024 by the department to any nonresident applying for this license. The nonresident 5-day small game hunting license authorizes the hunting of small game for which there is an open season during the 5-day period for which it is issued but does not authorize the hunting of deer, elk, bear, wild turkey
, or fur-bearing animals.
109,84nad
Section 84nad. 29.213 of the statutes is amended to read:
29.213 Nonresident fur-bearing animal hunting license. A nonresident fur-bearing animal hunting license shall be issued subject to s. 29.024 by the department to any nonresident applying for this license. The nonresident fur-bearing animal hunting license authorizes the hunting of skunk, raccoon, fox, weasel, opossum, coyote, bobcat and cougar during the appropriate open season but does not authorize the hunting of other fur-bearing animals, other small game, deer, elk, or bear.
109,84naf
Section 84naf. 29.216 (2) of the statutes is amended to read:
29.216 (2) Authorization. The nonresident archer hunting license authorizes the hunting of all game, except bear, elk, wild turkey, and fur-bearing animals, during the open season for the hunting of that game with a bow and arrow. This license authorizes hunting with a bow and arrow only unless hunting with a crossbow is authorized by a Class A, Class B, or Class C permit issued under s. 29.193 (2).
109,84nb
Section 84nb. 29.235 (2) of the statutes is amended to read:
29.235 (2) Authorization; resident hunting, fishing, and trapping privileges. A resident conservation patron license confers upon the licensee all the combined privileges conferred by a resident small game hunting license, resident deer hunting license, resident wild turkey hunting license, resident archer hunting license, waterfowl hunting stamp, pheasant hunting stamp, a wild turkey hunting stamp, resident annual fishing license, sturgeon spearing license, an inland waters trout stamp, a Great Lakes trout and salmon stamp, and trapping license.
109,84nc
Section 84nc. 29.235 (2m) of the statutes is amended to read:
29.235 (2m) Authorization; nonresident hunting and fishing privileges. A nonresident conservation patron license confers upon the licensee all the combined privileges conferred by a nonresident small game hunting license, nonresident deer hunting license, nonresident wild turkey hunting license, nonresident archer hunting license, waterfowl hunting stamp, pheasant hunting stamp, a wild turkey hunting stamp, nonresident annual fishing license, sturgeon spearing license, an inland waters trout stamp, and a Great Lakes trout and salmon stamp.
109,84nf
Section 84nf. 29.237 (1) of the statutes is renumbered 29.237 (1) (intro.) and amended to read:
29.237 (1) (intro.) In this section, "validated":
(b) "Validated" means marked with specified information in the manner required by the department.
109,84ng
Section 84ng. 29.237 (1) (a) of the statutes is created to read:
29.237 (1) (a) "Lake Winnebago and upper Fox and Wolf rivers system" means Buttes des Morts Lake, Winneconne Lake, Poygan Lake, Winnebago Lake, and all of the following:
1. Each stream that flows into any of these lakes, from the mouth of the stream upstream to the first dam on the stream.
2. The Fox River from the point that it flows into Lake Winnebago upstream to the dam above the city of Princeton.
3. Each tributary of the Fox River from the point that it flows into the Fox River upstream to the first dam on the tributary.
4. The Wolf River from its mouth upstream to the dam in the city of Shawano.
5. Each tributary of the Wolf River from the point that it flows into the Wolf River to the first dam on the tributary.
109,84ni
Section 84ni. 29.237 (1m) (c) of the statutes is repealed.
109,84nk
Section 84nk. 29.237 (2) of the statutes is amended to read:
29.237 (2) The sturgeon spearing license shall be accompanied by sturgeon carcass tags in the quantity to correspond with the season bag limit for spearing rock or lake sturgeon established by the department. The serial numbers of these tags shall be entered on the license by the person issuing the license or by the department.
109,84nL
Section 84nL. 29.237 (3) of the statutes is amended to read:
29.237 (3) A sturgeon spearing license authorizes the spearing of rock or lake sturgeon subject to any limit imposed under s. 29.192 (3) and only during the open season for spearing these sturgeon established by the department. No person may fish for sturgeon by means of a spear unless the person is issued a conservation patron license or unless the person is issued a sturgeon spearing license. The conservation patron license or the sturgeon spearing license shall be carried on the person of the licensee at all times while fishing for sturgeon by means of a spear.
109,84nm
Section 84nm. 29.237 (4) of the statutes is amended to read:
29.237 (4) Any person having taken a rock or lake sturgeon by means of a spear shall immediately attach a current, validated sturgeon carcass tag issued to that person to the tail of the sturgeon. No person may possess, control, store or transport a rock or lake sturgeon carcass unless it is tagged as required under this section.
109,84no
Section 84no. 29.237 (5) of the statutes is created to read:
29.237 (5) The department shall deposit receipts from the sale of sturgeon spearing licenses under this subsection into the conservation fund and shall credit these receipts to the appropriation account under s. 20.370 (4) (kw).
109,84noh
Section 84noh. 29.314 (3) (title) of the statutes is amended to read:
29.314 (3) (title) Shining deer, elk, or bear while hunting or possessing weapons prohibited.
109,84noj
Section 84noj. 29.314 (3) (a) of the statutes is amended to read:
29.314 (3) (a) Prohibition. No person may use or possess with intent to use a light for shining deer, elk, or bear while the person is hunting deer, elk, or bear or in possession of a firearm, bow and arrow, or crossbow.
109,84nom
Section 84nom. 29.347 (title) of the statutes is amended to read:
29.347 (title) Possession of deer and elk; heads and skins.
109,84np
Section 84np. 29.347 (2) of the statutes is amended to read:
29.347 (2) Deer or elk carcass tags. Except as provided under sub. (5) and s. 29.324 (3), any person who kills a deer shall immediately attach to the ear or antler of the deer a current validated deer carcass tag which is authorized for use on the type of deer killed. Any person who kills an elk shall immediately attach to the ear or antler of the elk a current validated elk carcass tag. Except as provided under sub. (2m) or s. 29.871 (7), (8), or (14) or 29.89 (6), no person may possess, control, store, or transport a deer carcass unless it is tagged as required under this subsection. Except as provided under sub. (2m), no person may possess, control, store, or transport an elk carcass unless it is tagged as required under this subsection. A person who kills a deer or elk shall register the deer or elk in the manner required by the department. The carcass tag may not be removed before registration. The removal of a carcass tag from a deer or elk before registration renders the deer or elk untagged.
109,84nq
Section 84nq. 29.347 (2m) (a) of the statutes is amended to read:
29.347 (2m) (a) A deer carcass tag attached under sub. (2) and a registration tag attached by the department or a car kill tag attached under sub. (5) may be removed from a gutted carcass at the time of butchering, but the person who killed or obtained the deer or elk shall retain all tags until the meat is consumed.
