1997 Wisconsin Act 248

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:

29.591 (4) (b) Duplicate. The department may shall issue a duplicate certificate of accomplishment to a person who is entitled to a duplicate certificate of accomplishment and who pays the fee specified under s. 29.092 (13) (f). This fee shall be deposited in the conservation fund 29.563 (12) (c) 2.

248,427 Section 427 . 29.226 (title) and (1) to (3) of the statutes are renumbered 29.593 (title) and (1) to (3) and amended to read:

29.593 (title) Requirement for certificate of accomplishment to obtain hunting approval for certain persons born on or after January 1, 1973. (1) Except as provided under subs. (2) and (3), no person born on or after January 1, 1973, may obtain any approval authorizing hunting unless the person is issued a certificate of accomplishment under s. 29.225 29.591.

(2) A person who has a certificate, license or other evidence that is satisfactory to the department indicating that he or she has completed a hunter safety course in another state and the course is recognized by the department under a reciprocity agreement may obtain an approval authorizing hunting regardless of whether the person is issued a certificate of accomplishment under s. 29.225 in this state.

(3) A person who successfully completes basic training in the U.S. armed forces, reserves or national guard may obtain an approval authorizing hunting regardless of whether the person is issued a certificate of accomplishment under s. 29.225.

248,428 Section 428 . 29.226 (4) (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 29.593 (4) (intro.).

248,429 Section 429 . 29.226 (4) (a) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 29.593 (4) (a) and amended to read:

29.593 (4) (a) His or her certificate of accomplishment issued under s. 29.225 29.591.

248,430 Section 430 . 29.226 (4) (b) and (c) of the statutes, as created by 1997 Wisconsin Act 27, are renumbered 29.593 (4) (b) and (c).

248,431 Section 431 . 29.227 of the statutes is renumbered 29.304, and 29.304 (1) (d), as renumbered, is amended to read:

29.304 (1) (d) Restrictions on validity of certificate of accomplishment. A person under 12 years of age may obtain a certificate of accomplishment if he or she complies with the requirements of s. 29.225 29.591 (4) but that certificate is not valid for the hunting of small game until that person becomes 12 years of age.

248,432 Section 432 . 29.23 of the statutes is renumbered 29.307 and amended to read:

29.307 (title) Hunting with aid of airplane aircraft prohibited. No person shall may hunt any animal with the aid of an airplane aircraft, including the use of an airplane aircraft to spot, rally group or drive, or otherwise attempt to affect the behavior of, animals for hunters on the ground.

Note: Current provisions relating to prohibiting hunting with the aid of an airplane are amended to include “aircraft" rather than an airplane, which would include, for example, a helicopter, to substitute “group" for “rally" and to add a prohibition against otherwise attempting to affect the behavior of the animals for the benefit of hunters on the ground.

248,433 Section 433 . 29.24 (title) and (1) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, are renumbered 29.337 (title) and (1) (intro.).

248,434 Section 434 . 29.24 (1) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.337 (1) (a) and amended to read:

29.337 (1) (a) Such persons An owner or occupant may not hunt any of these wild animals during the period of 24 hours prior to the opening date for before the time for commencement of the deer hunting season in those counties or parts of counties any area where an open season for hunting deer with firearms is established.

248,435 Section 435 . 29.24 (1) (b) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 29.337 (1) (b).

248,436 Section 436 . 29.24 (2) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.337 (2).

248,437 Section 437 . 29.241 (title) of the statutes is created to read:

29.241 (title) Trapping license.

248,438 Section 438 . 29.245 of the statutes, as affected by 1997 Wisconsin Act 1, is renumbered 29.314.

248,439 Section 439 . 29.255 of the statutes is renumbered 29.321 and amended to read:

29.321 Training of hunting dogs and rules for dog trials. The department may promulgate, pursuant to s. 23.09, such rules governing the training of hunting dogs and the conduct of dog trials as in its opinion are necessary to encourage the use of hunting dogs and to safeguard wildlife in the state, but such the rules shall may not be promulgated for permit the use of dogs for general hunting of small game during general hunting seasons.

248,440 Section 440 . 29.256 of the statutes is renumbered 29.317.

248,441 Section 441 . 29.27 (title) and (1) of the statutes are renumbered 29.327 (title) and (1), and 29.327 (1) (b), as renumbered, is amended to read:

29.327 (1) (b) “Waterfowl" means wild geese, brant, wild ducks, rails, coots, gallinules, jacksnipe snipe, woodcock, plovers, sandpipers and wild swan.

248,442 Section 442 . 29.27 (3) of the statutes is renumbered 29.327 (2) (a) and amended to read:

29.327 (2) (a) A blind situated on state-owned property and used in hunting waterfowl must bear the name of the owner affixed permanently to the blind in lettering one-inch square or larger. The blind

(b) A blind on state-owned property may be erected not more than 7 days prior to the opening of the waterfowl hunting season, as prescribed by the department, and must be removed by the owner within 7 days after the close of the season. A blind situated on state-owned property which does not bear the name of the owner as prescribed by this section is a public nuisance. The department may seize all such nuisances and may destroy or sell the blinds in the name of the state. The department and its deputies are exempt from all liability to the owner for the seizure and destruction or sale of the blind. The owner is responsible for removing the blind within 7 days after the close of the waterfowl hunting season. Any owner who erects a blind more than 7 days prior to the opening of the waterfowl hunting season or who does not remove a blind within 7 days after the close of the waterfowl season shall be subject to a forfeiture of forfeit not less than $10 nor more than $200.

Note: Provisions relating to specifying that the DNR may seize blinds on state-owned property which do not bear the name of the owner and exempting the department and its deputies from liability are deleted since current s. 29.05 (8) and (10) (renumbered as ss. 29.931 (2) and 29.944, respectively) provide this protection after an item has been prescribed as a public nuisance.

248,443 Section 443 . 29.283 (title) of the statutes is renumbered 29.404 (title).

248,444 Section 444 . 29.283 (1) of the statutes is repealed.

Note: The current text of s. 29.283 (1) is as follows:

“29.283 (1) Promulgation of rules. The department shall promulgate rules governing the use of buildings, vehicles, tents, fish shanties and similar shelters for fishing through the ice in any waters of the state.".

This provision is deleted since the department's authority to promulgate rules governing the use of buildings, vehicles, tents, fish shanties and similar shelters for ice fishing is contained in the general authority of the department to enforce the chapter.

248,445 Section 445 . 29.283 (3) to (5) of the statutes are renumbered 29.404 (1) to (3) and amended to read:

29.404 (1) Public nuisance; removal. Any building, vehicle, tent, fish shanty or similar shelter that is used or left on the ice in violation of any department order or that has fallen through the ice is a public nuisance. The department may seize all such nuisances whereupon shall notify the owner must be notified; if, if known. If after the expiration of 10 days after notice is given the owner does not claim such the nuisance, the department may destroy or sell the same nuisance in the name of the state; the department and its deputies shall be exempt from all liability to the owner for such seizure and destruction or sale.

(2) Reimbursement for department costs. If the department destroys or sells the building, vehicle, tent, fish shanty or similar shelter that is a public nuisance under sub. (3), the owner shall reimburse the department for all costs associated with the seizure and destruction or sale of the public nuisance. The department shall give the owner written notice containing the amount of costs to be reimbursed and a statement that the owner must reimburse these costs to the department within 20 days after the notice is given. The department shall deposit the moneys received under this subsection in the fish and wildlife account in the conservation fund.

(3) Forfeiture. If the owner does not reimburse these costs to the department within 20 days after the notice is given under sub. (3) (2), the owner is subject to the forfeiture specified under s. 29.99 (11v) shall forfeit not more than $100.

Note: The provisions relating to seizure and exemption from liability are deleted since they are duplicative. If an item is declared a public nuisance, current s. 29.05 (8) (renumbered as s. 29.931 (2)) contains the authority to seize the item and protects the department against liability.

248,446 Section 446 . 29.286 (title), (1) and (2) of the statutes are renumbered 29.401 (title), (1) and (2), and 29.401 (1) and (2), as renumbered, are amended to read:

29.401 (1) No person shall may possess or control at any time any trammel, gill, or hoop net, or any other kind of net, nets, or fish trap that might take, catch or kill fish in the counties of: Adams, Barron, Burnett, Calumet, Chippewa, Clark, Columbia, Dane, Dodge, Dunn, Eau Claire, Florence, Fond du Lac, Forest, Green, Green Lake, Iowa, Jackson, Jefferson, Juneau, Lafayette, Langlade, Lincoln, Marathon, Marquette, Monroe, Oneida, Outagamie, Polk, Portage, Price, Richland, Rock, Rusk, Sauk, Sawyer, Shawano, Taylor, Vilas, Walworth, Washburn, Washington, Waukesha, Waupaca, Waushara, Winnebago and Wood except minnow nets and minnow traps, whitefish and cisco nets, dip nets, crab traps and turtle traps as provided in this chapter or by department order.

(2) Nothing in this section shall prohibit prohibits the department or its agents from having in possession, using, or causing the use of, any kind of nets as provided under other sections in the statutes, nor prohibit or prohibits the possession or use of nets by contract fishers who are operating under the supervision of the department.

248,447 Section 447 . 29.286 (3) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 29.401 (3).

248,448 Section 448 . 29.29 (title) of the statutes is renumbered 29.601 (title).

248,449 Section 449 . 29.29 (1) (title) of the statutes is renumbered 29.601 (1) (title).

248,450 Section 450 . 29.29 (1) and (2) of the statutes are renumbered 29.601 (1) (a) (intro.) and (2) and amended to read:

29.601 (1) (a) (intro.) No person may take do any of the following:

1. Take, capture or kill fish or game of any variety in any waters of this state by means of dynamite or other explosives or poisonous or stupefying substances or devices; or place.

2. Place in any waters of this state explosives which might cause the destruction of fish or game, except when authorized by the department for the purpose of raising dead bodies whenever ordered by the public authorities, or for the purpose of, clearing a channel or breaking a log or ice jam; or have.

3. Have in the possession or under the control of such the person, upon any inland waters of this state, any dynamite or other explosives or poisonous or stupefying substances or devices for the purpose of taking, catching or killing fish or game.

Note: “Inland waters" is changed to “waters of this state" to be consistent with the other prohibitions in this subsection.

(b) Whoever violates this subsection shall be fined not more than $500 or imprisoned for not more than 90 days or both.

(2) (title) Poison bait. No person shall may use, set, lay or prepare in any of the waters of this state any lime, poison, fish berries, or any other substance deleterious to fish life.