1997 Wisconsin Act 248

248,370 Section 370. 29.155 (1g) (a) of the statutes is renumbered 29.197 (2) (a).

248,371 Section 371 . 29.155 (1g) (b) of the statutes is renumbered 29.197 (2) (b) and amended to read:

29.197 (2) (b) The waiver of the approval requirement will not result in a substantial loss of revenue to the department as determined by rule by the department.

248,372 Section 372 . 29.155 (1h) of the statutes is renumbered 29.197 (3) and amended to read:

29.197 (3) Weekend event. In addition to any special event or program sponsored under sub. (1g) (2), the department shall, by rule, for a special event for one weekend per year, waive the requirement that persons be issued fishing licenses under ss. 29.14 and 29.145 and pay the applicable fees in order to fish in the waters of this state. The department shall, by rule, designate to which inland or outlying waters this waiver shall apply.

248,373 Section 373 . 29.155 (1j) of the statutes is repealed.

248,374 Section 374 . 29.155 (1m), (1r), (2), (3) and (4) of the statutes are renumbered 29.197 (4), (5), (6), (7) and (8) and amended to read:

29.197 (4) (title) Publicizing. The department shall, in cooperation with and with the assistance of the department of tourism, publicize the special events and programs sponsored or approved under sub. (1g) or (1h) this section.

(5) (title) Conditions,; limitations. For a recreational activity that is the subject of the special event or program sponsored or approved under sub. (1g) or (1h) under this section, the department, by rule or written authorization, may waive conditions, limitations or restrictions required under this chapter or may establish reasonable conditions, limitations or restrictions that are in addition to those required under this chapter.

(6) (title) Limitation Limitations on participants. (a) Persons who fish or hunt during in events or programs sponsored or approved under sub. (1g) or (1h) under this section may not sell, trade or barter the wild animals taken during the event or program, and they. These persons are subject to all other conditions, limitations and restrictions required under this chapter except those waived under sub. (1r).

(b) Persons who help or assist in conducting a special event or program sponsored or approved under sub. (1g), who are not employes of the department, and who are engaged in the recreational activity, are not exempt from possessing the approvals required under this chapter for the recreational activity.

(7) Exclusion. No person who holds a commercial fishing license issued under s. 29.33 29.519 may fish during in an event or program sponsored or approved under sub. (1g) or (1h) under this section.

(8) Requests for waivers. Any person conducting a special event or program that involves a recreational activity for which an approval is required under this chapter may request a waiver of the approval requirement from the department. A denial of a waiver request is not subject to further review under ch. 227.

248,375 Section 375 . 29.156 of the statutes is renumbered 29.199.

248,376 Section 376 . 29.157 of the statutes is renumbered 29.201.

248,377 Section 377 . 29.16 of the statutes is renumbered 29.045 and amended to read:

29.045 Interstate license privileges. (1) Fishing privileges. Whenever and so long as If the states state of Michigan, Minnesota or Iowa confer confers upon the fishing licensees of this state reciprocal rights, privileges and immunities, any hook and line or other a fishing license issued by such the other state shall entitle entitles the licensee to all the rights, privileges and immunities, in and upon the boundary waters between such state and this state, enjoyed by the holders the states, of the holder of an equivalent licenses license issued by this state;, but subject, however, to the duties, responsibilities and liabilities imposed on its own licensees by the laws of this state.

(2) Commercial clamming privileges. Whenever and so long as If the states state of Michigan, Minnesota, or Iowa, Illinois or Missouri confer confers upon the commercial clamming licensees of this state reciprocal rights, privileges and immunities, any commercial clamming license issued by such the other state shall entitle entitles the licensee to all the rights, privileges and immunities, in and upon the boundary waters between Michigan and this state, between, Minnesota and this state and between Iowa and this state, enjoyed by the holders of the holder of an equivalent licenses license issued by this state;, but subject, however, to the duties, responsibilities and liabilities imposed on its own licensees by the laws of this state.

248,378 Section 378 . Subchapter III (title) of chapter 29 [precedes 29.161] of the statutes is created to read:

Chapter 29

Subchapter III
Hunting, trapping and
Fishing Approvals

248,379 Section 379 . 29.165 of the statutes is renumbered 29.512, and 29.512 (1), as renumbered, is amended to read:

29.512 (1) No person may engage or be employed for any compensation or reward to guide, direct or assist any other person in hunting, fishing or trapping unless the person is issued a guide license is duly issued to the person by the department subject to s. 29.09 29.024. No guide license for hunting or trapping may be issued to or obtained by any person who is not a resident of this state. No guide license may be issued to any person under the age of 18 years. The applicant shall deliver to the department an oath of office that he or she will well and faithfully perform the duties and responsibilities as a guide licensed by the department and observe and holder of a guide license shall comply with all of the requirements of this chapter and the rules of the department.

248,380 Section 380 . 29.166 of the statutes is renumbered 29.514 and amended to read:

29.514 Outlying water sport trolling licenses. (1) No person may be engaged or be employed for any compensation or reward to guide any other person in sport trolling for trout or salmon in and upon the outlying waters of Lake Michigan, Green Bay or Lake Superior unless the person is duly issued a sport trolling license by the department subject to s. 29.09 29.024. No sport trolling license may be issued to any person under the age of 18 years. The application shall include the name and address of the applicant, the name of the home port from which the applicant will operate, the applicant's valid U.S. coast guard operator's license number and other information as required by the department for statistical purposes. The licensee and all persons on board the licensee's boat shall comply with all of the requirements of this chapter and the rules of the department. Boats used by the licensee shall meet minimum U.S. coast guard and this state's boat licensing and safety requirements.

(2) Each licensee shall keep an accurate record and account as to records of the number of each variety of fish taken under his or her sport trolling license and such other information as that the department requires, and shall report to the department on forms provided by the department on or before the 10th day of each month on the records for the preceding calendar month. The licensee is responsible for the number of fish taken and shall be held to account for the number.

248,381 Section 381 . 29.17 of the statutes is repealed.

Note: Section 29.17, which authorizes the department to issue scientific collector permits, is recreated in this bill as s. 29.614.

248,382 Section 382 . 29.174 (title) of the statutes, as affected by 1997 Wisconsin Act 27, is repealed.

248,383 Section 383 . 29.174 (1) of the statutes is renumbered 29.014 (1) and amended to read:

29.014 (1) The department shall establish and maintain open and close closed seasons for the several species of fish and game and any bag limits, size limits, rest days and conditions governing the taking of fish and game as that will conserve the fish and game supply and ensure the citizens of this state continued opportunities for good fishing, hunting and trapping.

248,384 Section 384 . 29.174 (2) (a) of the statutes is renumbered 29.053 (1) and amended to read:

29.053 (1) The department shall establish open and closed seasons, bag limits, size limits, rest days and other conditions governing the taking of fish or game, in accordance with the public policy declared in sub. (1), but all All fishing seasons on inland waters shall open on a Saturday. Such authority may be exercised either

(2) The department may exercise its authority under s. 29.014 with reference to the state as a whole, or for any specified county or part of a county, or for any lake or stream or part thereof of a lake or stream.

248,385 Section 385 . 29.174 (2) (c) and (cm) of the statutes, as affected by 1997 Wisconsin Act 27, are renumbered 29.192 (1) and (2).

248,386 Section 386 . 29.174 (2) (d), (dg), (dr), (e), (eg) and (em) of the statutes, as affected by 1997 Wisconsin Act 27, are consolidated, renumbered 29.192 (3) and amended to read:

29.192 (3) The department may limit the number of trappers and the maximum harvest of wild fisher in any area. (dg) The department may limit the number of trappers of or otters and the maximum harvest of otters in any area. (dr) The department may limit the number of hunters or trappers, or both, of bobcats and may limit the maximum harvest of bobcats in any area. (e) The department may limit the number of trappers and hunters and the maximum harvest of or beaver in any area. (eg) The department may limit the number of persons fishing for sturgeon by hook and line or by spear, or both, and may limit the maximum harvest of sturgeon in any area. (em) The department may impose any of the limitations limitation under pars. (d) to (eg) this subsection by establishing a permit system for the issuance of permits.

248,387 Section 387 . 29.174 (2) (er) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 29.192 (4) and amended to read:

29.192 (4) If the department decides to limit the number of hunters or trappers taking Canada geese, sharp-tailed grouse, fishers, otters, bobcats or sturgeon by issuing permits and if the number of persons seeking the permits exceeds the number of available permits, the department shall issue the permits according to a cumulative preference system established by the department. The department shall give a preference point to each applicant for each previous season for which the applicant applied but was not issued a permit. The system shall establish preference categories for these applicants, with higher priority given to those categories with more points than those with fewer points. Applicants who fail to apply at least once during any 3 consecutive years shall lose all previously accumulated preference points. If the number of applicants within a preference category or a subcategory under this subsection exceeds the number of permits available in the category or subcategory, the department shall select at random within the category or subcategory the applicants to be issued the permits.

248,388 Section 388 . 29.174 (2) (f) of the statutes is renumbered 29.053 (3) and amended to read:

29.053 (3) In addition to the types and manner of hunting authorized under ss. 29.09 (9) and 29.104 (4) this chapter for disabled persons and persons who are visually handicapped, as defined in s. 29.09 (9) 29.193 (2) (a) 5., the department may establish special hunting seasons or opportunities for persons who are physically disabled or visually handicapped and may limit the number of persons involved.

248,389 Section 389 . 29.174 (2) (g) (intro.) of the statutes is renumbered 29.053 (2) (a) (intro.) and amended to read:

29.053 (2) (a) (intro.) The department may establish a fishing season on specified bodies of water in certain urban areas, as determined by rule by the department, that allows fishing only by persons who are under 16 years old or who are disabled and can produce the evidence specified in s. 29.145 (1c) 29.193 (3) (a), (b) or (c), subject to all of the following conditions:

248,390 Section 390 . 29.174 (2) (g) 1. and 2. of the statutes are renumbered 29.053 (2) (a) 1. and 2. and amended to read:

29.053 (2) (a) 1. The department may not designate a body of water under this paragraph subsection that is 25 acres or greater in area.

2. The department may not designate a body of water under this paragraph subsection without the written agreement of each private owner of shoreline and of each city, village, town, county, federal agency or other state agency that owns shoreline.

248,391 Section 391 . 29.174 (2) (g) 3. of the statutes is renumbered 29.053 (2) (a) 3.

248,392 Section 392 . 29.174 (2) (g) 4. of the statutes is renumbered 29.053 (2) (b) and amended to read:

29.053 (2) (b) Section 227.16 (2) (e) does not apply to a rule promulgated under this paragraph subsection and, when the department proposes to add a body of water to or delete a body of water from a rule under this paragraph subsection, the department shall hold a hearing, as required under s. 227.16 (1), either in the county in which the body of water is located or within 50 miles of the body of water.

248,393 Section 393 . 29.174 (3) of the statutes is repealed.

Note: The current text of s. 29.174 (3) is as follows:

“29.174 (3) The department may promulgate rules under sub. (2) either on its own motion or on petition from any group of citizens. Provided, that upon petition of not less than 1,000 citizens in case of a contemplated rule affecting the entire state or a part thereof larger than 2 counties, or of not less than 50 citizens residing in the county if but a single county or part thereof is affected, or of not less than 100 citizens residing in the 2 counties if not more than 2 counties or parts thereof are affected, the department shall conduct one or more public hearings upon such proposed rule, at a place convenient to the petitioners. Notice of such hearing shall be published in the community affected as a class 3 notice, under ch. 985. The department shall send prior written notice of any hearing held under this section to the Wisconsin conservation congress delegates for the area affected by the proposed rule.".

This provision is unnecessary. A procedure to petition for rules is set forth in s. 227.12, which allows any 5 or more persons who have an interest in a rule to petition for rule‐making. That statute requires the agency to respond to the petition and either deny the petition in writing or proceed with the requested rule‐making. The other provisions regarding notice should be addressed by internal DNR procedures.

248,394 Section 394 . 29.174 (4) of the statutes is repealed.

Note: The current text of s. 29.174 (4) is as follows:

“29.174 (4) The department shall make such investigations relative to any petition or proceedings under this section as it deems necessary, and may organize advisory committees to advise it on any matter under consideration. Members of such committees shall receive no compensation but shall be reimbursed their actual and necessary expenses.".

This provision is unnecessary. Agencies are authorized to appoint advisory committees for rule‐making under s. 227.13.

248,395 Section 395 . 29.174 (4a) of the statutes is repealed.

Note: The current text of s. 29.174 (4a) is as follows:

“29.174 (4a) The secretary may make emergency rules pursuant to s. 227.24.".

Emergency rules are authorized under s. 227.24. No additional reference to that procedure in ch. 29 is necessary.

248,396 Section 396 . 29.174 (4m) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 29.889 (12).

248,397 Section 397 . 29.174 (6) of the statutes is renumbered 29.014 (2) (b) and amended to read:

29.014 (2) (b) All of the rules of the department in conformity with law promulgated under this chapter are prima facie reasonable and lawful until found to be otherwise in a final determination by a court.

248,398 Section 398 . 29.174 (7) of the statutes is repealed.

Note: The substance of current s. 29.174 (7) is recreated in new s. 29.014 (4).

248,399 Section 399 . 29.174 (8) of the statutes is renumbered 29.014 (3) and amended to read:

29.014 (3) Any rule of the department is subject to review in the manner provided in ch. 227, except that if the rule affects only the county in which the appellant resides, the appeal shall be to the circuit court of such that county.

248,400 Section 400 . 29.174 (9) of the statutes is repealed.

Note: The current text of s. 29.174 (9) is as follows:

“29.174 (9) The present statutes regulating open and close seasons, bag limits, size limits, rest days and other conditions governing the taking of fish or game shall continue in full force and effect until modified by rules of the department, as provided in this section, or by subsequent acts of the legislature.".

This provision was enacted to provide for the transition from regulation of fish and game entirely by statute to regulation of fish and game by rule by the conservation commission. It is no longer necessary.

248,401 Section 401 . 29.174 (12) of the statutes is repealed.

Note: The current text of s. 29.174 (12) is as follows:

“29.174 (12) Nothing in this section shall be construed to confer upon the department the power to alter any provisions of the statutes relating to forfeitures, penalties, license fees or bounties.".

This provision also relates to the transition from regulation by statute to regulation by rule by the conservation commission. The DNR does not have authority to alter any statutory forfeitures, penalties or license fees. The statutes no longer provide for bounties.

248,402 Section 402 . 29.174 (13) of the statutes is renumbered 29.037 and amended to read:

29.037 (title) Fish and wildlife restoration. This state assents to the provisions of the acts of congress entitled “An act to provide that the United States shall aid the states in wildlife-restoration projects, and for other purposes," approved September 2, 1937 (Public Law No. 415, 75th Congress), and “An act to provide that the United States shall aid the states in fish restoration management projects, and for other purposes," approved August 9, 1950 (Public Law No. 681, 81st Congress), and the. The department is authorized, empowered and directed to perform such any acts as may be necessary to the conduct and establishment of establish cooperative wildlife-restoration wildlife restoration and cooperative fish restoration projects, as defined in said the acts of congress, in compliance with said the acts and with rules and regulations promulgated by the secretary of the interior thereunder; and no. No funds accruing to this state from license fees paid by hunters and from sport and recreation fishing license fees shall may be diverted for any other purpose than those provided by the department.

248,403 Section 403 . 29.174 (14) of the statutes is renumbered 29.192 (5).

248,404 Section 404 . 29.174 (15) of the statutes is renumbered 29.035.

248,405 Section 405 . 29.175 of the statutes is renumbered 29.039 and amended to read:

29.039 Nongame species. (1) The department may conduct investigations of nongame species in order to develop scientific information relating to population, distribution, habitat needs, and other biological data in order to determine necessary conservation measures. On the basis of these scientific determinations the The department may promulgate rules and develop conservation programs designed to ensure the continued ability perpetuation of nongame species to perpetuate themselves. The rules department may require harvest information and may establish limitations relating to taking, possession, transportation, processing and sale or offer for sale, in order to conserve of nongame species.

(2) No Any rules promulgated or programs developed under this section may not impede, hinder or prohibit the utilization of lands for the construction, operation or maintenance of utility facilities otherwise authorized or permitted.

248,406 Section 406 . 29.191 (title) of the statutes is created to read:

29.191 (title) Stamps.

248,407 Section 407 . 29.191 (4) (a) 3. of the statutes is created to read:

29.191 (4) (a) 3. Any other river or stream tributary of Lake Michigan or Green Bay that is designated by the department.

248,408 Section 408 . 29.191 (5) (a) 2. of the statutes is created to read:

29.191 (5) (a) 2. Any other river or stream tributary of Lake Michigan or Green Bay that is designated by the department.