LRB-2806/5
RNK:kjf:jf
2011 - 2012 LEGISLATURE
November 16, 2011 - Introduced by Representatives Craig, Weininger, Bies,
Jacque, Knilans, Kleefisch, Kooyenga, Ballweg, Pridemore, Rivard,
Spanbauer, Turner, Vruwink and Molepske Jr, cosponsored by Senators
Kedzie, Holperin and Olsen. Referred to Committee on Natural Resources.
AB377,1,4
1An Act to amend 29.001 (74), 29.314 (4) (b) 3., 29.314 (5) (b) 2m., 29.405 (title),
229.405 (1) (a), 29.405 (1) (b), 29.405 (1) (c), 29.405 (2), 29.405 (3), 29.927 (6g) and
3167.31 (4) (g); and
to create 29.405 (4) of the statutes;
relating to: the
4definition of rough fish and taking rough fish with a crossbow.
Analysis by the Legislative Reference Bureau
Under current law, no person may hunt with a crossbow unless the person is
disabled and holds a permit that authorizes hunting with a crossbow or unless the
person is at least 65 years old. Current law does not authorize a person to fish with
a crossbow but does allow a person to fish for rough fish with a bow and arrow.
Current law defines the term "rough fish" to include such fish as common carp,
goldfish, alewife, and rainbow smelt. This bill adds asian carp to the definition of
"rough fish."
This bill also authorizes a person to fish for rough fish with a crossbow under
the same circumstances as a person may fish for rough fish with a bow and arrow.
This bill does not require a person to hold a disabled hunting permit to use a crossbow
to fish for rough fish. As under current law that regulates fishing for rough fish, this
bill prohibits a person who takes rough fish with a crossbow from releasing the fish
back to the waters of this state or leaving the fish on the ice or banks of any waters
of this state. The person who takes rough fish with a crossbow must remove the fish
from the waters where taken and use or dispose of the fish in an appropriate manner.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB377, s. 1
1Section
1. 29.001 (74) of the statutes is amended to read:
AB377,2,52
29.001
(74) "Rough fish" includes suckers, not listed as endangered or
3threatened under s. 29.604 (3), common carp,
asian carp, goldfish, freshwater drum,
4burbot, bowfin, garfish, sea lamprey, alewife, gizzard shad, rainbow smelt and
5mooneye.
AB377, s. 2
6Section
2. 29.314 (4) (b) 3. of the statutes is amended to read:
AB377,2,87
29.314
(4) (b) 3. To a person who possesses or uses a light while using a bow
8and arrow
or crossbow for taking rough fish.
AB377, s. 3
9Section
3. 29.314 (5) (b) 2m. of the statutes is amended to read:
AB377,2,1110
29.314
(5) (b) 2m. To a person who possesses or uses a light while using a bow
11and arrow
or crossbow for taking rough fish.
AB377, s. 4
12Section
4. 29.405 (title) of the statutes is amended to read:
AB377,2,13
1329.405 (title)
Fishing with bow and arrow
or crossbow.
AB377, s. 5
14Section
5. 29.405 (1) (a) of the statutes is amended to read:
AB377,2,1815
29.405
(1) (a) Take rough fish with a bow and arrow
or take rough fish with a
16bolt from a crossbow unless the arrow
or bolt is equipped with a metal barbed tip
that 17and is attached to the bow
or crossbow with a tethered line that allows for the
18retrieval of the arrow
or bolt and the fish.
AB377, s. 6
19Section
6. 29.405 (1) (b) of the statutes is amended to read:
AB377,2,2120
29.405
(1) (b) Release or return any rough fish taken with a bow and arrow
or
21crossbow, whether dead or alive, to the waters of this state.
AB377, s. 7
1Section
7. 29.405 (1) (c) of the statutes is amended to read:
AB377,3,32
29.405
(1) (c) Leave any rough fish taken with a bow and arrow
or crossbow,
3whether dead or alive, on the ice or banks of any waters of this state.
AB377, s. 8
4Section
8. 29.405 (2) of the statutes is amended to read:
AB377,3,75
29.405
(2) Any person who takes rough fish with a bow and arrow
or crossbow 6in any waters of this state shall remove the fish from those waters and use or dispose
7of the fish in an appropriate manner as determined by the department.
AB377, s. 9
8Section
9. 29.405 (3) of the statutes is amended to read:
AB377,3,129
29.405
(3) If the department establishes an open season for taking rough fish
10with a bow and arrow
or crossbow on a particular body of water, the department shall
11allow the taking of rough fish with a bow and arrow
or crossbow on that body of water
12from sunset to sunrise during that open season.
AB377, s. 10
13Section
10. 29.405 (4) of the statutes is created to read:
AB377,3,1814
29.405
(4) If the department establishes an open season for taking rough fish
15with a bow and arrow on a particular body of water, the department shall also allow
16the use of a crossbow to take rough fish on that body of water under the same
17conditions that apply to the use of a bow and arrow to take rough fish on that body
18of water.
AB377, s. 11
19Section
11. 29.927 (6g) of the statutes is amended to read:
AB377,3,2220
29.927
(6g) Any lamp, light, gun, firearm, ammunition, bow, crossbow
, bolt, or
21arrow used in violation of this chapter or s. 167.31 or any rules promulgated under
22s. 167.31.
AB377, s. 12
23Section
12. 167.31 (4) (g) of the statutes is amended to read:
AB377,4,224
167.31
(4) (g) A person who is fishing with a bow and arrow may shoot an arrow
25from a bow
, and a person who is fishing with a crossbow may shoot a bolt from a
1crossbow, within 50 feet of the center of a roadway if the person does not shoot the
2arrow
or bolt from the roadway or across a highway.