1997 Wisconsin Act 248

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.

248,451 Section 451 . 29.29 (3) (title) of the statutes is renumbered 29.601 (3) (title).

248,452 Section 452 . 29.29 (3) (b) of the statutes is renumbered 29.601 (3) (a) and amended to read:

29.601 (3) (a) No person may throw or deposit, or permit to be thrown or deposited, into any waters within the jurisdiction of the state any lime, oil, tar, garbage, refuse, debris, tanbark, ship ballast, stone, sand, except where permitted by s. 30.12 (3) (a) 1., slabs, decayed wood, sawdust, sawmill refuse, planing mill shavings or waste material of any kind, or any acids or chemicals or waste or refuse arising from the manufacture of any article of commerce, or any other substance deleterious to game or fish life other than.

(b) Paragraph (a) does not apply to authorized drainage and sewage from municipalities and industrial or other wastes discharged from mines or commercial or industrial or ore processing plants or operations, through treatment and disposal facilities installed and operated in accordance with plans submitted to and approved by the department under chs. 281, 285 or 289 to 299, except s. 281.48, or in compliance with orders of the department. Any such order shall be is subject to modification by subsequent orders.

(c) 1. Any person violating this paragraph subsection shall forfeit not more than $200. Each day of a continuing violation is a separate offense.

248,453 Section 453 . 29.29 (3) (c) of the statutes is renumbered 29.601 (3) (c) 2.

248,454 Section 454 . 29.29 (4) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.601 (4) and amended to read:

29.601 (4) Use of pesticides. The department of natural resources, after public hearing, may promulgate rules governing the use of any pesticide which it finds is a serious hazard to wild animals other than those it is intended to control, and the making of reports thereon about the pesticide. In making such determinations promulgating the rules, the department to the extent relevant shall consider the need for pesticides to protect the well-being of the general public. “Pesticide" has the meaning designated in given in s. 94.67.

248,455 Section 455 . 29.29 (5) (title) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.601 (5) (title).

248,456 Section 456 . 29.29 (5) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.601 (5) (a) and amended to read:

29.601 (5) (a) This section does not apply to any activities carried out under the direction and supervision of the state department of transportation in connection with the construction, reconstruction, maintenance and repair of highways and bridges accomplished in accordance with s. 30.12 (4).

248,457 Section 457 . 29.29 (5) (b) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 29.601 (5) (b).

248,458 Section 458 . 29.30 (title), (1) and (2) of the statutes are renumbered 29.516 (title), (1) and (2), and 29.516 (1) and (2) (intro.), (b) to (d), (f) and (g), as renumbered, are amended to read:

29.516 (1) License required. Nets and setlines may be used for the purpose of taking, catching, or killing fish, subject to the conditions, limitations and restrictions prescribed in this chapter; but no person shall may set, place or use in any waters of this state any net, trap, snare, set hook, or setline, which is intended to or might take, catch or kill fish of any variety, other than a landing net, dip net, minnow seine or minnow dip net, unless a license therefor authorizing the use of nets, setlines, traps or snares has been duly issued to such the person by the department.

(2) Restrictions on the use of licensed nets and setlines. (intro.) The use of licensed nets and setlines is subject, further, to the following conditions:

(b) No net of any kind shall be set so as to shut off more than one-half 50% of any channel or passageway of any stream, or set within 1,000 feet of any other net in said the stream.

(c) No licensee shall may join a net to that of any other licensee.

(d) All nets or set hooks, when set or placed in any waters, shall be marked with a number corresponding to the license number authorizing the use of the nets or set hooks. The method of marking the nets shall be as follows:

1. On drop nets, submarine trap nets and fyke nets, when set below the surface of the water, there shall be a buoy attached to the pot rope, on all gill nets and set hooks there shall be a buoy on each end of the gang, the buoys shall have a staff extending at least 3 feet above the surface of the water, upon the upper end of the staff there shall be a flag at least 10 inches square. Upon the bowl of the buoys there shall be maintained in plain figures the license number authorizing the use of the nets or set hooks.

2. On pound nets and stake fyke nets there shall be maintained at least 3 feet above the surface of the water, or the surface of the ice, when set through the ice, a board or similar material, which shall bear the license number authorizing the use of the nets.

3. On gill nets or set hooks when set through the ice there shall be maintained on each end of the gang a board or similar material which shall bear the license number authorizing the use of the nets or set hooks.

(f) No licensed net shall may be drawn or lifted at any time between one hour after sunset and one hour before sunrise of the following morning, except as otherwise approved by the department or, in the case of an emergency, following notice to the nearest U.S. coast guard station.

(g) Except as provided in s. 29.33 29.519 (4m), no fish of any kind shall be taken or retained in any net, when drawn or lifted, other than the kind or kinds expressly authorized to be taken or retained in such the net, as provided in this chapter; and except as provided by department order any such other kind or kinds of fish coming into or taken in such the nets shall be immediately returned, carefully and with as little injury as possible, to the waters from which they were taken.

248,459 Section 459 . 29.30 (3) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 29.516 (3).

248,460 Section 460 . Subchapter IV (title) of chapter 29 [precedes 29.301] of the statutes is created to read:

CHAPTER 29

Subchapter IV
Hunting AND TRAPPING Regulation

248,461 Section 461 . 29.33 (title) and (1) (title) of the statutes are renumbered 29.519 (title) and (1) (title).

248,462 Section 462 . 29.33 (1) of the statutes is renumbered 29.519 (1) (a) and amended to read:

29.519 (1) (a) Any No person desiring to may conduct commercial fishing operations on any of the outlying waters shall first obtain unless the person is issued a commercial fishing license by the department.

(b) The department may limit the number of licenses issued under this section and designate the areas in the outlying waters under the jurisdiction of this state where commercial fishing operations shall be restricted. The department may establish harvest limits and allocate the harvest limits among commercial fishing licensees. The department may designate the kind, size and amount of gear to be used in the harvest. The limitations on licenses, restricted fishing areas, harvests and gear shall be based on the available harvestable population of fish and in on the wise use and conservation of the fish so as to prevent overexploitation.

(c) The department may promulgate rules defining the qualifications of licensees in the reasonable exercise of this authority, giving due consideration to residency, past record including compliance with the reporting requirements of sub. (5), fishing and navigation ability and quantity and quality of equipment possessed. Rules relating to licensing commercial fishers shall be based on criteria provided by the commercial fishing boards under sub. (7).