1997 Wisconsin Act 248

248,393 Section 393 . 29.174 (3) of the statutes is repealed.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248,394 Section 394 . 29.174 (4) of the statutes is repealed.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248,395 Section 395 . 29.174 (4a) of the statutes is repealed.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.

248,409 Section 409 . 29.192 (title) of the statutes is created to read:

29.192 (title) Regulation of takings of certain wild animals.

248,410 Section 410 . 29.193 (title) of the statutes is created to read:

29.193 (title) Approvals for disabled persons.

248,411 Section 411 . 29.194 (title) of the statutes is created to read:

29.194 (title) Approvals for students and members of the armed forces.

248,412 Section 412 . 29.22 of the statutes is renumbered 29.301 and amended to read:

29.301 General restrictions on hunting. (1) Hunting restricted areas. No person shall may hunt within 1700 1,700 feet of any hospital, school grounds or sanatorium. The department may designate the form for or furnish signs designating the restricted area. No conviction shall person may be had for convicted of a violation of this subsection unless the restricted area is designated by such the signs.

(2) Color of clothing. In the areas in which there is a season for the hunting of deer with firearms, no person may hunt any game except waterfowl during the that season for the hunting of deer with firearms unless at least 50% of each article of the person's outer clothing above the waist, including a cap, hat or other head covering, is of a highly visible color commonly referred to as hunter orange, blaze orange, fluorescent orange, flame orange or fluorescent blaze orange. Any person violating this subsection is subject to a forfeiture of shall forfeit not more than $10.

(3) Back tag, display. No person may hunt deer unless there the back tag issued to the person with the license authorizing deer hunting 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 with the license authorizing the hunting of deer.

Note: Under this bill, the department, rather than furnishing signs designating a restricted area within 1700 feet of a hospital, school grounds or sanatorium, may either designate the form for or furnish the signs.

Also, current restrictions on the color of outer clothing during deer gun season are amended to provide that at least 50% of each article of the person's outer clothing above the waist, including a cap, hat or other head covering, must be at least 50% hunter orange, blaze orange or a similar color.

248,413 Section 413 . 29.221 of the statutes is renumbered 29.341, and 29.341 (1), as renumbered, is amended to read:

29.341 (1) Any person who, while hunting any wild animal or bird, discharges a firearm or arrow, and thereby by that discharge injures or kills another person, shall forthwith immediately give his or her name and address to the other injured person if the other person is injured and, render such assistance to that other the injured person as may be necessary and obtain immediate medical or hospital care for the injured person, and shall immediately thereafter report such the injury or death to the sheriff or police of the locality in which such the shooting took place.

248,414 Section 414 . 29.222 of the statutes is renumbered 29.345 and amended to read:

29.345 (title) Hunting, fishing or trapping accident; failure to report. (1) Every person who shall have has caused or been involved in an accident in which a human being person has been injured by gunfire or by bow and arrow discharge of a firearm or arrow while hunting, fishing or trapping, or shall have inflicted an injury upon himself or herself with a firearm or with a bow and an arrow while hunting, fishing or trapping, shall render a report to the department at any of its field offices within 10 days after such the injury unless such the person be is physically incapable of making the required report, in which event the person or persons involved in the accident shall designate an agent to file the report within the specified time.

(2) Any person who has been is involved in an accident with firearm or bow and arrow while hunting , fishing or trapping, and who fails to submit the report required by this section, shall forfeit not more than $50. In addition, the court may revoke any license issued to such the person under this chapter and may further provide that no license shall be issued to such the person under this chapter for such a fixed period of time that specified by the court may deem just.

Note: Provisions relating to hunting accidents are expanded by the bill to include a bowfishing accident and to amend provisions to provide that if a person is injured by discharge of a firearm or arrow while hunting, bowfishing or trapping, the person must file a report.

248,415 Section 415 . 29.223 of the statutes is renumbered 29.083.

248,416 Section 416 . 29.224 (title), (1) and (2) (title), (a) and (b) of the statutes are renumbered 29.597 (title), (1) and (2) (title), (a) and (b), and 29.597 (title), (1) (a) and (2) (a) 1., as renumbered, are amended to read:

29.597 (title) Trapper education program; certificate of accomplishment. (1) (a) The department shall establish and supervise the administration of a statewide trapper education program funded from the appropriations under s. 20.370 (1) (Lq) and (ma). The department shall enter into an agreement with a statewide an organization that has demonstrated ability and experience in the field of trapper education to assist in the establishment and administration of the program.

(2) (a) 1. Contract with a qualified individual, who shall may not be an employe of the department, to operate the trapper education program.

248,417 Section 417 . 29.224 (2) (c) of the statutes is repealed.

Note: The current text of s. 29.224 (2) (c) is as follows:

“29.224 (2) (c) The administration of the trapper education program shall be under the supervision of the subunit of the department that is responsible for resource management."

This provision is repealed because the assignment of staff duties and the internal organization of state agencies are properly the responsibility of those agencies.

248,418 Section 418 . 29.224 (3) to (6) (a) of the statutes are renumbered 29.597 (3) to (6) (a), and 29.597 (3) (b), (5) and (6) (a), as renumbered, are amended to read:

29.597 (3) (b) An instructor conducting the course of instruction under the trapper education program shall collect the fee established under par. (a) from each person receiving instruction. The department may authorize an instructor to retain up to 50% of the fee to defray expenses incurred in the instructor's operation of by the instructor conducting the course. The instructor shall remit the remaining portion of the fee or, if nothing is retained, the entire fee to the department.

(5) Certificate of accomplishment. (a) The department shall issue a certificate of accomplishment without charge to a person who successfully completes the course of instruction under the trapper education program and who pays the instruction fee. The department shall prescribe the form and content of the certificate of accomplishment. The certificate may be used by a resident to whom issued in place of a trapping license as required in s. 29.09 for the period specified in s. 29.093 (6) (am) by the department.

(b) The department may shall issue a duplicate certificate of accomplishment to a person who is entitled to a duplicate certificate under this section of accomplishment. The department shall establish by rule the fee for a duplicate certificate.

(6) (a) Except as provided in pars. (b) to (d), no No person may be issued an approval authorizing trapping unless he or she holds a valid certificate of accomplishment issued under this section.

248,419 Section 419 . 29.224 (6) (b) (bn), (c) and (d) of the statutes are renumbered 29.597 (6) (b) 1., 2., 3. and 4., and 29.597 (6) (b) 1., 3. and 4., as renumbered, are amended to read:

29.597 (6) (b) 1. A person who holds on May 12, 1992, a valid approval authorizing trapping is exempt from the requirement under par. (a).

3. A person who has held a valid approval authorizing trapping that expired before May 12, 1992, and that was not suspended or revoked is exempt from the requirement under par. (a).

4. A person who holds a valid certificate, license or other evidence indicating that he or she has successfully completed a trapper education course in another state is exempt from the requirement under par. (a) if the department determines that the course has substantially the same content as the course of instruction under the program established under this section.

248,420 Section 420. 29.225 (title) and (1) to (3) of the statutes are renumbered 29.591 (title) and (1) to (3) and amended to read:

29.591 (title) Hunter education and firearm safety program; certificate of accomplishment. (1) Establishment; contents. The department shall establish by rule a statewide hunter education and firearm safety program. The hunter education and firearm safety program shall provide for a course of instruction in each school district or county. The department shall conduct this course of instruction in cooperation with qualified individuals, organizations, groups, associations, public or private corporations and federal, state and local governmental entities. This course shall provide instruction to students in the commonly accepted principles of safety in handling hunting firearms and equipment, the responsibilities of hunters to wildlife, environment, landowners and others, how to recognize threatened and endangered species which cannot be hunted and the principles of wildlife management and conservation.

(2) Administration. The law enforcement administrator shall be the department's authorized agent to administer, supervise and enforce this section. The department shall appoint a qualified person from the law enforcement function, under the classified service, as the hunter education administrator and shall prescribe his or her duties and responsibilities. The department may appoint county directors, master hunter education instructors and regular categories of hunter education instructors necessary for the hunter education and firearm safety program. These appointees are responsible to the department and shall serve on a voluntary basis without compensation.

Note: The first sentence of current s. 29.225 (2) is repealed because the assignment of staff duties and the internal organization of state agencies are properly the responsibility of those agencies. The 2nd sentence of current s. 29.225 (2) is repealed because the appointment of staff in the unclassified service can only be accomplished by creating that position in s. 230.08. The requirement to appoint this position in the classified service is unnecessary.

(3) Instruction fee. The department instructor shall collect the instruction fee specified under s. 29.092 (2) (n) 29.563 (11) (b) 1. from each person who receives instruction under the hunter education and firearm safety program and remit the fee to the department. The department may authorize an instructor conducting a course of instruction meeting standards established by the department to retain 50% of this fee to defray expenses incurred locally to operate the program by the instructor in conducting the course. The instructor shall remit the remaining portion of the fee or, if nothing is retained, the entire fee shall be deposited in the conservation fund to the department.

248,421 Section 421 . 29.225 (4) (title) of the statutes is renumbered 29.591 (4) (title).

248,422 Section 422 . 29.225 (4) (a) (title) of the statutes is renumbered 29.591 (4) (a) (title).

248,423 Section 423 . 29.225 (4) (a) 1. of the statutes, as affected by 1997 Wisconsin Act 12, is renumbered 29.591 (4) (a) 1. and amended to read:

29.591 (4) (a) 1. The department shall issue a certificate of accomplishment for free to a person who successfully completes the course of instruction under the hunter education and firearm safety program and who pays the instruction fee. The department shall prescribe the form and content of the certificate of accomplishment.

248,424 Section 424 . 29.225 (4) (a) 2. of the statutes, as created by 1997 Wisconsin Act 12, is renumbered 29.591 (4) (a) 2. and amended to read:

29.591 (4) (a) 2. A resident may use the certificate of accomplishment issued to him or her for successfully completing the course of instruction under the hunter education and firearm safety program for the first time in place of a small game hunting license as required in s. 29.09.

248,425 Section 425 . 29.225 (4) (am) of the statutes, as created by 1997 Wisconsin Act 12, is renumbered 29.591 (4) (am) and amended to read:

29.591 (4) (am) Authorization for antlerless deer. The department may authorize a person to whom it issues a certificate of accomplishment for successfully completing the course of instruction under the hunter education and firearm safety program for the first time to use the certificate in place of a permit issued under s. 29.107 29.177 to take one antlerless deer in specific areas identified by the department. The authorization for group deer hunting under s. 29.405 29.324 shall not apply to a person hunting an antlerless deer as authorized under this paragraph.

248,426 Section 426 . 29.225 (4) (b) of the statutes is renumbered 29.591 (4) (b) and amended to read: