1997 Wisconsin Act 248

248,266 Section 266 . 29.1085 (3) (c) 2. of the statutes, as affected by 1997 Wisconsin Acts 1 and 27, is renumbered 29.184 (6) (c) 2. and amended to read:

29.184 (6) (c) 2. A Class B bear license shall be issued subject to s. 29.09 29.024 by the department to any resident who applies for this license and who pays the required fee.

248,267 Section 267 . 29.1085 (4) and (5) of the statutes, as affected by 1997 Wisconsin Act 1, are renumbered 29.184 (7) and (8).

248,268 Section 268 . 29.1085 (5g) of the statutes, as created by 1997 Wisconsin Act 1, is renumbered 29.184 (9) and amended to read:

29.184 (9) Back tag. (a) The department shall issue a back tag to each person who is issued a Class A bear license, and the department or county clerk shall issue a back tag to each person who is issued a Class B bear license. The back tag shall be in the form and numbered as required by the department.

(b) No person may hunt bear or engage in the activity specified in sub. (2) (3) (br) 1. or 3. unless there is attached to the center of the person's coat, shirt, jacket or similar outermost garment where it can clearly be seen the back tag issued to the person under par. (a).

248,269 Section 269 . 29.1085 (6) of the statutes is repealed.

Note: Current s. 29.1085 (6) provides:

“29.1085 (6) Rules. The department may promulgate rules to administer and interpret this section.".

The provision is repealed since it duplicates the rule-making authority in new subch. II.

248,270 Section 270 . 29.11 of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.204 and amended to read:

29.204 Nonresident annual small game hunting license. A nonresident annual small game hunting license shall be issued subject to s. 29.09 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, bear, wild turkey or fur-bearing animals.

248,271 Section 271 . 29.112 of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.207 and 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. 29.09 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, bear, wild turkey or fur-bearing animals.

248,272 Section 272 . 29.113 (title) of the statutes is renumbered 29.211 (title).

248,273 Section 273 . 29.113 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.211 (1) and amended to read:

29.211 (1) Issuance. A nonresident deer hunting license shall be issued subject to s. 29.09 29.024 by the department to any nonresident applying for this license.

248,274 Section 274 . 29.113 (2) of the statutes is renumbered 29.211 (2).

248,275 Section 275 . 29.113 (3) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.211 (3) and amended to read:

29.211 (3) Deer tag and back tag. The department shall issue to each person who is issued a nonresident deer hunting license a deer tag and a back tag in the form and numbered as required by the department.

248,276 Section 276 . 29.116 of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.213 and amended to read:

29.213 Nonresident fur-bearing animal hunting license. A nonresident fur-bearing animal hunting license shall be issued subject to s. 29.09 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 wildcat cougar during the appropriate open season but does not authorize the hunting of other fur-bearing animals, other small game, deer or bear.

248,277 Section 277 . 29.117 (title) of the statutes is renumbered 29.216 (title).

248,278 Section 278 . 29.117 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.216 (1) and amended to read:

29.216 (1) Issuance. A nonresident archer hunting license shall be issued subject to s. 29.09 29.024 by the department to any nonresident applying for this license.

248,279 Section 279 . 29.117 (2) of the statutes is renumbered 29.216 (2).

248,280 Section 280 . 29.117 (3) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.216 (3) and amended to read:

29.216 (3) Deer tag and back tag. The department shall issue to each person who is issued a nonresident archer hunting license a deer tag and a back tag in the form and numbered as required by the department.

248,281 Section 281 . 29.123 of the statutes is renumbered 29.195.

248,282 Section 282 . 29.125 of the statutes is renumbered 29.059 and amended to read:

29.059 Reports of hunters. Each person to whom a hunting or trapping license has been issued under this chapter shall, when requested to do so upon request by the department, report to the department, on forms furnished by it, the number of the person's license, the number and kind of each animal taken by the licensee and such other information as that the department requires.

248,283 Section 283 . 29.13 (title) of the statutes is renumbered 29.331 (title) and amended to read:

29.331 (title) Trapping licenses regulation.

248,284 Section 284 . 29.13 (1) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.241 (1) and amended to read:

29.241 (1) Issuance. A trapping license shall be issued subject to s. 29.09 29.024 by the department to any resident applying for this license.

248,285 Section 285 . 29.13 (1) (b) and (c) of the statutes are renumbered 29.241 (3) and (4).

248,286 Section 286 . 29.13 (1) (d) of the statutes is renumbered 29.331 (1) and amended to read:

29.331 (1) Tags. Each trap used under a trapping license shall be tagged with a metal tag stamped with the name and address of the owner. All untagged traps shall be seized and confiscated, and the owner or person using or attending the untagged traps shall be punished as provided under s. 29.99 29.971 (4) and (12).

248,287 Section 287 . 29.13 (2) to (5) of the statutes are renumbered 29.331 (2) to (5), and 29.331 (3) and (3m), as renumbered, are amended to read:

29.331 (3) (title) Report. On or before June first of each year, such 1 annually, the licensee shall report to the department, by affidavit, on blanks furnished by the department, the number of the licensee's license, the number and value of each variety of animals taken during the previous 12 months ending May first 1, and such other information as may be required on the blanks furnished.

(3m) (title) Use of fees. From the moneys received from the sale of trapping licenses issued under this section, the department shall calculate credit an amount equal to $2 times the number of trapping licenses issued and shall credit this amount to the appropriation under s. 20.370 (1) (Lq).

248,288 Section 288 . 29.134 (title) and (1) to (8) of the statutes are renumbered 29.501 (title) and (1) to (8), and 29.501 (1) (intro.) and (b), (2), (6) and (6m) to (8), as renumbered, are amended to read:

29.501 (1) (intro.) For the purpose of carrying out In this section the following definitions for the expressions used are:

(b) “Fur auctioneer" means a person duly licensed to sell furs of wild-fur-bearing animals of this or other states or foreign countries. The department or its representatives may sell confiscated or other furs in its possession by auction or otherwise.

(2) No person shall may engage in the business of buying, bartering, bargaining, trading or otherwise obtaining raw furs until they shall have first secured he or she has a license therefor issued under this section.

(6) Each resident fur dealer, Class A; resident fur dealer, Class B; fur dresser or dyer; itinerant fur dealer or fur auctioneer license shall bear upon its face the date of issuance. The license shall be shown to the department or its wardens upon request.

(6m) (a) Every person licensed under this section shall keep a correct and complete book record in the English language records of all transactions in the buying, selling, dressing, dyeing or tanning of raw furs carried on by the person. This record shall show the name and post-office address of each person from whom furs were purchased and to whom sold, together with the date of receipt and shipment, and a detailed account as to the number and kinds of raw furs in each shipment received or sold. This record shall be open to the inspection of the department and its agents and wardens at all reasonable hours. The records shall be kept intact for a period of 2 years after the expiration of any license issued under this section, as to all transactions carried on while such the license was effective.

(b) Not less than 10 days before conducting a fur auction, the fur auctioneer shall file with the department evidence of national advertising showing the date and place of such the auction.

(c) Within 10 days after conducting any fur auction, the fur auctioneer shall file with the department on forms furnished by it a report of such the auction containing the date and place of the auction, the names and addresses of all persons buying furs taken from wild fur-bearing animals, the quantities and kinds of such furs bought, and the amounts paid for such the furs by each buyer.

(7) All packages of raw furs shipped or transported by any person shall have plainly marked on the outside of the package or shipment the kinds and number of furs therein in the package or shipment, the license number, and the name of the consignor and the consignee.

(8) No person on the person's own behalf or as an agent for a any person, firm or corporation, express company or other common carrier, shall at any time or in any manner may receive for shipment or cause to be received for shipment out of or in the state, any package of fur or furs unless the same is contents are plainly marked on the outside of the package as to the number and kinds of fur contained therein in the package, the license number, and the address of the consignor and consignee.

248,289 Section 289 . 29.134 (9) of the statutes is repealed.

248,290 Section 290 . 29.134 (10) and (11) of the statutes are renumbered 29.501 (9) and (10), and 29.501 (9), as renumbered, is amended to read:

29.501 (9) Nothing in this section shall prohibit persons prohibits any person from buying raw or dressed furs for the purpose of making themselves garments or robes of any kind for himself or herself or a member of his or her family, but such persons shall the person shall apply to the department or its wardens for permits a permit to buy such the furs.

248,291 Section 291 . 29.135 (title) and (1) of the statutes are renumbered 29.503 (title) and (1), and 29.503 (1) (intro.), (c), (d) and (e), as renumbered, are amended to read:

29.503 (1) Definitions. (intro.) As used in In this section, unless the content otherwise requires:

(c) A “producer “Producer of fish" means any person who fishes with or without a crew. No producer who holds a commercial fishing license or contract pursuant to this chapter shall be required to obtain a license to sell the fish he or she produces.

(d) “Seafood" means those types of food sold fresh or frozen and commonly known as oysters, shrimp, lobsters, lobster tails, crabs, scallops, clams and other types of shell fish which are or can be lawfully taken for commercial purposes, but not any canned fish or such fish known as lutefisk.

(e) “Wholesale fish dealer" means any person who buys, barters, sells or solicits fish in any manner for himself or herself or any other person for sale to anyone other than a consumer; but no established retail store or locker plant is deemed a “wholesale fish dealer" solely as the result of the sale of fish to a restaurant, hotel or tavern at no reduction in the retail price charged other retail customers. A producer of fish, except as otherwise hereinafter provided, who sells fish directly to retailers is a wholesale fish dealer. Hotels, meat markets, grocery stores, restaurants and taverns are retailers, except when they sell fish for resale, in which case they are wholesale fish dealers.

248,292 Section 292 . 29.135 (2) (title) of the statutes is renumbered 29.503 (2) (title) and amended to read:

29.503 (2) (title) License required ; exemption.

248,293 Section 293 . 29.135 (2) of the statutes is renumbered 29.503 (2) (a) and amended to read:

29.503 (2) (a) No person shall may engage in business as a wholesale fish dealer until a unless he or she is issued a wholesale fish dealer license therefor has been obtained from by the department issued pursuant to this section and s. 29.09.

248,294 Section 294 . 29.135 (3) of the statutes is repealed.

248,295 Section 295 . 29.135 (4) to (7) of the statutes are renumbered 29.503 (3) to (6), and 29.503 (4) (b) and (d), (5) (a) and (6), as renumbered, are amended to read:

29.503 (4) (b) Special tagging requirements for lake trout. Effective July 1, 1986, no No wholesale fish dealer or producer of fish may sell, buy, barter, trade, possess, control or transport any lake trout unless the lake trout is tagged with a valid, current commercial fish tag issued or authorized by the department or by a governmental agency of another state or country. If a licensed wholesale fish dealer gives the department at least 12 hours hours' notice of the date, time and location of arrival at the state line of lawfully possessed, untagged lake trout which are intended for importation into this state by the licensed wholesale fish dealer, the department or its representatives shall meet the shipment of lake trout and attach a “foreign lake trout tag" to each fish or seal the shipment with a department seal which may not be removed prior to delivery to the licensed wholesale fish dealer. The department or its representative shall tag the lake trout in a timely and orderly manner, and so as not to create any damage or spoilage to the fish. The tag shall be attached through the gills and mouth of whole lake trout, or in a manner which results in 2 complete fillets joined by the tag. For tagging of other forms of lake trout, the department shall promulgate rules to determine the manner in which the tag shall be attached to or accompany the trout, and the conditions, if any, under which the tag may be separated from the trout.

(d) Package labeling requirements. No wholesale fish dealer or producer of fish may transport or cause to be transported, or deliver or receive for transportation, any package or box containing any fish unless it is labeled legibly in a manner which discloses the name, address and license number of the consignor which shall be identical to that on the license; the name and address of the consignee; and each kind of fish contained in the package or box. If such the shipment of fish is accompanied by an invoice containing the complete name, address and license number of the consignor, which shall be identical to that on the license; the complete name, address and license number, if any, of the consignee; the date of shipment from the consignor; the kinds of fish, the pounds of each kind and the description of the fish being shipped; and the signature of the person completing the invoice, the kinds of fish contained may be omitted from the package or box labels. Producers shall only be required to label or provide invoices for packages or boxes of fish being transported by motor vehicle or boat for purposes of sale. This paragraph does not apply to a producer of fish on the Mississippi river River.

(5) (a) Records. Each wholesale fish dealer shall keep a complete, legible and accurate record records of all fish purchased or obtained in his or her capacity as a wholesale fish dealer, in the manner required and on forms provided by the department. The record shall include the complete name, address and fish dealer license number of the purchaser; the complete name, address and wholesale fish dealer or commercial fishing license number of the person from whom the fish were purchased or obtained; the date of the transaction; the kinds of fish, the pounds of each kind and the description of the fish purchased or obtained; and the signature of the person completing the record.

(6) Inspections. (a) Subjects of inspection. Fish stored or in the possession of a wholesale fish dealer, records and reports of a wholesale fish dealer and buildings, structures, vessels, vehicles, boats, equipment and materials related to a wholesale fish dealer's business are subject to inspection by the department as provided in this subsection.

(b) Inspection authority; entry; inspection. For the purpose of enforcing this subsection, a conservation warden or a representative of the department, upon presentation of his or her credentials to a wholesale fish dealer, a person operating a vehicle or boat for a wholesale fish dealer or an employe or person acting on behalf of a wholesale fish dealer, is authorized during any time when business is being conducted on the premises:

1. To enter any building or structure, except a dwelling place, where fish are stored, processed, packed or held, where a wholesale fish dealer's records or reports are kept, where vehicles, boats, equipment or materials used in a wholesale fish dealer's business are located or where activities related to a wholesale fish dealer's business are conducted and to enter any vehicle or boat used to transport or hold fish.

2. To inspect fish stored or in the possession of a wholesale fish dealer, records or reports of a wholesale fish dealer and buildings, structures, vessels, vehicles, boats, equipment and materials related to a wholesale fish dealer's business.

(c) Failure to permit inspection. No wholesale fish dealer, operator of a vehicle or boat for a wholesale fish dealer or employe or person acting on behalf of a wholesale fish dealer may prohibit entry or prohibit an inspection to be conducted as authorized under this subsection unless a court restrains or enjoins the entry or inspection.

248,296 Section 296 . 29.135 (8) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 29.503 (7).

248,297 Section 297 . 29.136 (title) of the statutes is renumbered 29.506 (title).

248,298 Section 298 . 29.136 (1) to (7) of the statutes are renumbered 29.506 (1) to (7), and 29.506 (2) to (4) and (7) (a) (intro.) and (b), as renumbered, are amended to read:

29.506 (2) Permit requirements. No person may engage in business as a taxidermist after August 31, 1986, unless he or she is issued a taxidermist permit subject to s. 29.09 29.024 by the department. This subsection does not apply to agents or employes of taxidermists while working under the direct supervision of a taxidermist permit holder.

(3) (title) Permits; prerequisites. The department shall may not issue a taxidermist permit to any person unless that person has a seller's permit issued by the department of revenue and the number of the seller's permit is reported on the application form.

(4) Authorization. Subject to this section and rules promulgated under this section, a taxidermist permit authorizes the permit holder to possess and transport wild animals or carcasses in connection with his or her business. This authority supersedes, to the extent permitted under this section, restrictions on the possession and transportation of wild animals and carcasses regardless of bag limits, rest days, closed seasons and similar restrictions, notwithstanding s. 29.174 and rules promulgated by the department under that section. Subject to this section and rules promulgated under this section, a established under this chapter. A taxidermist permit entitles the permit holder to the same privileges as a Class A fur dealer's license.

(7) (a) Departmental authority; limitations. (intro.) A conservation warden may enter a taxidermist's place of business for inspection purposes as provided under par. (b) only:

(b) Items subject to inspection. All records required under subs. (5) (b) and (6) or related to the taxidermist's business are subject to departmental inspection as provided under par. (a). A taxidermist or an employe or agent of the taxidermist shall cooperate with and exhibit items subject to inspection to a conservation warden or any other agent of the department.

248,299 Section 299 . 29.136 (7m) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.506 (7m).

248,300 Section 300 . 29.136 (8) of the statutes is renumbered 29.506 (8), and 29.506 (8) (intro.), as renumbered, is amended to read:

29.506 (8) Penalties. (intro.) Any person who violates this section or any rules promulgated under this section is subject to the following penalties:

248,301 Section 301 . 29.137 (title) and (1) of the statutes are renumbered 29.509 (title) and (2), and 29.509 (2), as renumbered, is amended to read:

29.509 (2) A bait dealer license may be issued by the department to any resident of this state who has complied with the department's rules governing the taking, handling and storing of bait, specifications of equipment, and the filing of reports.

248,302 Section 302 . 29.137 (2) of the statutes is renumbered 29.509 (1), and 29.509 (1) (intro.), as renumbered, is amended to read:

29.509 (1) (intro.) As used in In this section, unless the context requires otherwise:

248,303 Section 303 . 29.137 (3) of the statutes is renumbered 29.509 (3) and amended to read: