1997 Wisconsin Act 248

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).

(d) The application for the license shall be made to the department on a blank provided for that purpose, accompanied by the fee specified in s. 29.092 29.563 (7). The application shall state the name, birthdate, description and residence address of the residence of the applicant, the manner in which he or she proposes to fish, the name or number and overall length of his or her boats, the name of the hailing port from which the boats will operate, and the number and kind of nets or other gear he or she intends to use in connection with commercial fishing and any other information required by the department for statistical purposes. The applicant shall provide an itemized listing of commercial fishing gear and equipment with the current values of those items of commercial fishing equipment, sufficient to meet the investment requirements for licensing as established in rules promulgated under this section. “Overall length" means the minimum distance between the extreme outside end of the bow and the stern using the nearest whole number of feet. The license shall be issued in accordance with s. 29.09.

(e) No outlying waters commercial fishing license may be issued to a person under the age of 18 years.

248,463 Section 463 . 29.33 (2) (title) of the statutes is renumbered 29.519 (2) (title).

248,464 Section 464 . 29.33 (2) (c) of the statutes is renumbered 29.519 (2) (c) and amended to read:

29.519 (2) (c) Nonresident defined. For the purpose of In this section, the term “nonresident" shall include includes any individual who is not a resident under s. 29.01 (12), any individual applying for a license for use of nets on a boat registered or of record at a port outside of the state, or any partnership, association, corporation or limited liability company any of whose stock, boats, nets and fishing equipment has been owned by a nonresident at any time during the 2 years immediately prior to the application for a license.

248,465 Section 465 . 29.33 (2) (d) to (h) of the statutes are renumbered 29.519 (2) (d) to (h).

248,466 Section 466 . 29.33 (3) of the statutes is repealed.

248,467 Section 467 . 29.33 (4) of the statutes is renumbered 29.519 (4), and 29.519 (4) (b) and (c), as renumbered, are amended to read:

29.519 (4) (b) Each member of a crew engaged in the setting, lifting or pulling of nets or other devices set under authority of a commercial fishing license shall carry the crew license on his or her person while so engaged and upon demand of any conservation warden shall exhibit the license. Persons using minnow seines and dip nets used for taking smelt and minnows are exempt from this subsection.

(c) In case of illness or unavailability for good cause of a licensed crew member, an unlicensed person may work on a commercial fishing operation for a period not to exceed 48 hours under a temporary crew identification card, after which time he or she must obtain a crew license to engage in commercial fishing operations. Temporary crew identification cards shall be issued by the department to commercial fishing licensees for use as provided in this paragraph. Prior to use, the commercial licensee shall indicate on the temporary crew identification card the license number and name of the commercial fisher for whom the crew member will be working, the time and date the crew member commences work under the card and the crew member's name, address, description and his or her signature. The card shall be presented, upon request, to a conservation warden and must be in the possession of the crew member at all times while engaged in commercial fishing operations. The commercial fisher issuing the temporary crew identification card to an unlicensed person shall submit the card to the department with the commercial catch report submitted for the period in which work conducted under the card was performed.

248,468 Section 468. 29.33 (4g) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 29.519 (4g) and amended to read:

29.519 (4g) Prohibition against operating fish farms. No person who holds a commercial fishing or crew license issued under this section may operate a fish farm that contains a species of fish that the holder of the license is authorized to catch under this section or rules promulgated under this section.

248,469 Section 469 . 29.33 (4m) (title), (a) and (b) of the statutes are renumbered 29.519 (4m) (title), (a) and (b).

248,470 Section 470 . 29.33 (4m) (c) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.519 (4m) (c) (intro.).

248,471 Section 471 . 29.33 (4m) (c) 1. and 2. of the statutes are renumbered 29.519 (4m) (c) 1. and 2.

248,472 Section 472 . 29.33 (4m) (e) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 29.519 (4m) (e).

248,473 Section 473 . 29.33 (5) of the statutes is renumbered 29.519 (5).

248,474 Section 474 . 29.33 (6) of the statutes is renumbered 29.519 (6) and amended to read:

29.519 (6) Inspection. For purposes of enforcement of this section, conservation wardens or department employes duly authorized and designated by the secretary, upon presenting appropriate credentials to the licensee or agent in charge, are authorized:

(a) To enter any building or structure, excluding a dwelling place, in which nets or fish are stored, processed, packed or held, or to enter any vessel boat or vehicle being used to transport nets or fish when the owner or agent in charge is present or upon 8 hours' notice at other times.

(b) To inspect buildings, structures, vessels boats or vehicles, all pertinent equipment including nets used or stored in the places to be inspected and any fish stored, processed, packed or held in the places to be inspected.

248,475 Section 475 . 29.33 (6m) and (7) of the statutes are renumbered 29.519 (6m) and (7).

248,476 Section 476 . 29.331 (2) (title) and (5) (title) of the statutes are created to read:

29.331 (2) (title) Shipments.

(5) (title) Molesting traps.

248,477 Section 477 . 29.336 of the statutes is renumbered 29.522.

248,478 Section 478 . 29.34 (title), (1), (2) and (4) (a) and (b) of the statutes are renumbered 29.523 (title), (1), (2) and (4) (a) and (b), and 29.523 (1) and (4) (a), as renumbered, are amended to read:

29.523 (1) Licenses which authorize the use of nets in the Mississippi river as limited herein River and in that part of the St. Croix river River downstream from the dam at St. Croix Falls shall be issued subject to s. 29.09 29.024 by the department to any a resident applying therefor who applies for a license. This subsection, as applicable to the St. Croix river shall River, is not become effective until unless Minnesota has enacted in effect similar legislation.

(4) (a) Except when lifting or setting a gill net, no person may use a seine, gill, bait, buffalo or frame net in the Mississippi and St. Croix rivers unless the net has the required number of metal tags stamped to designate the kind of net and number of the net license covering it securely fastened to it.

248,479 Section 479 . 29.34 (4) (c) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.523 (4) (c).

248,480 Section 480 . 29.34 (5) of the statutes is renumbered 29.523 (5) and amended to read:

29.523 (5) Each such licensee shall keep a strict record and account as to each variety of fish and the number of pounds thereof of each variety that are taken by the licensee in gear licensed to the licensee and such other information as the department requires; and shall report thereon to the department on or before the 10th day of each month during the license period.

248,481 Section 481 . 29.34 (6) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 29.523 (6) and amended to read:

29.523 (6) No person who holds a net license may operate a fish farm that contains a variety of fish that the holder of the license is authorized to catch under this section or under rules promulgated under this section.

248,482 Section 482 . 29.343 (title) of the statutes is renumbered 29.526 (title) and amended to read:

29.526 (title) Slat net fishing in the Mississippi river River.

248,483 Section 483 . 29.343 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.526 (1) and amended to read:

29.526 (1) A slat net license authorizing the taking of commercial fish through the use of slat nets in that part of the Mississippi river River over which this state has jurisdiction between the Minnesota-Iowa boundary line extended and the Wisconsin-Illinois boundary line extended shall be issued subject to s. 29.09 29.024 by the department to any resident who applies for this license.

248,484 Section 484 . 29.343 (2) of the statutes is renumbered 29.526 (2).

248,485 Section 485 . 29.343 (3) of the statutes is renumbered 29.526 (3) and amended to read:

29.526 (3) No person may use a slat net unless it is properly tagged. In order to be properly tagged a slat net is required to have attached to it a metal tag stamped to designate the kind of net and the number of the slat net license. Slat net tags are required to remain attached to the nets until replaced by renewal tags.

248,486 Section 486 . 29.343 (4) of the statutes is renumbered 29.526 (4) and amended to read:

29.526 (4) No slat net may be set within 100 feet of any muskrat or beaver house. Any slat net found in any waters during the closed season for the use of slat nets and any slat net found on the Wisconsin banks or shores without a slat net tag and showing evidence of being used in the previous 5 months shall be seized and held subject to the order of the court or judge under s. 29.05 29.931 (2).

248,487 Section 487 . 29.343 (5) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.526 (5).

248,488 Section 488 . 29.343 (6) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 29.526 (6) and amended to read:

29.526 (6) No person who holds a slat net license may operate a fish farm that contains a species of fish that the holder of the license is authorized to catch under this section or under rules promulgated under this section.

248,489 Section 489 . 29.344 (title) and (1) to (4) of the statutes are renumbered 29.529 (title) and (1) to (4) and amended to read:

29.529 (title) Trammel net fishing in the Mississippi river River. (1) The department may issue a trammel net license to any resident who applies for this license subject to s. 29.09.

(2) This license authorizes the use of trammel nets in that part of the Mississippi river River over which this state has jurisdiction.

(3) No person may use a trammel net which exceeds 300 feet and no person may use a trammel net unless it is properly tagged. In order to be properly tagged, a trammel net is required to have attached to it a metal tag stamped to designate the kind of net and the number of the trammel net license. Trammel net tags are required to remain attached to the nets until replaced by renewal tags.

(4) No trammel net may be set within 100 feet of any muskrat or beaver house. Any trammel net found in any waters during the closed season for the use of trammel nets and any trammel nets found on the Wisconsin banks or shores without a trammel net tag and showing evidence of being used in the previous 5 months shall be seized and held subject to the order of the court or judge under s. 29.05 29.931 (2).

248,490 Section 490 . 29.344 (5) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 29.529 (5) and amended to read:

29.529 (5) No person who holds a trammel net license issued under this section may operate a fish farm that contains a species of fish that the holder of the license is authorized to catch under this section or under rules promulgated under this section.

248,491 Section 491 . 29.36 (title) of the statutes is renumbered 29.531 (title).

248,492 Section 492 . 29.36 (1) and (2) of the statutes, as affected by 1997 Wisconsin Act 27, are renumbered 29.531 (1) and (2) and amended to read:

29.531 (1) A set or bank pole license authorizing the use of not to exceed 5 set or bank poles for taking, catching or killing fish in the inland waters of the state where the use of setlines is permitted shall be issued subject to s. 29.09 29.024 by the department to any resident applying who applies for this the license.

(2) No set or bank pole shall may be used unless there is securely attached thereto a metal to the pole a tag stamped with the number of the license covering the same. Tags shall be furnished by the department to the licensee at the time of issuing the license.

248,493 Section 493 . 29.36 (3) of the statutes is renumbered 29.531 (3).

248,494 Section 494 . 29.36 (4) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 29.531 (4) and amended to read:

29.531 (4) No person who holds a set or bank pole license may operate a fish farm that contains a species of fish that the holder of the license is authorized to catch under this section or under rules promulgated under this section.

248,495 Section 495 . 29.37 (title) of the statutes is renumbered 29.533 (title).

248,496 Section 496 . 29.37 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.533 (1) and amended to read:

29.533 (1) A setline license authorizing the use of setlines and hooks in inland waters in the manner determined by the department for taking, catching or killing fish shall be issued subject to s. 29.09 29.024 by the department to any resident applying for this license.

248,497 Section 497 . 29.37 (3) (a) of the statutes is renumbered 29.533 (3) (a) and amended to read:

29.533 (3) (a) No person may operate any setline unless he or she has a setline license. No person may use a setline unless it is properly tagged. In order to be properly tagged a setline is required to be securely attached to a buoy or stake at one end, the buoy or stake is required to have attached to it a metal tag stamped to designate the serial number of the setline license covering it and the buoy or stake is required to be placed and the tag attached in a manner so the tag is visible above the surface of the water.

248,498 Section 498 . 29.37 (3) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.533 (3) (b).

248,499 Section 499 . 29.37 (4) of the statutes is renumbered 29.533 (4).

248,500 Section 500 . 29.37 (5) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 29.533 (5) and amended to read:

29.533 (5) No person who holds a set line setline license issued under this section may operate a fish farm that contains a kind of fish that the holder of the license is authorized to catch under this section or under rules promulgated under this section.

248,501 Section 501 . 29.38 of the statutes is renumbered 29.537, and 29.537 (2) (intro.), (3) (a) 2., (6) (a) (intro.), 1. and 2. and (b) and (9), as renumbered, are amended to read:

29.537 (2) Definitions. (intro.) As used in In this section:

(3) (a) 2. The person is a licensed clam helper engaged in commercial clam shelling while aboard a vessel boat with the licensed commercial clam sheller whom the clam helper is assisting.

(6) (a) (intro.) Except as provided in par. (d), for purposes of enforcement of this section and rules adopted under it, conservation, wardens or department employes authorized and designated by the secretary, upon presenting appropriate credentials to the licensee or agent in charge, are authorized to do all of the following:

1. Enter any place, building or structure, excluding a dwelling place, in which clams or clamming equipment are stored, processed, packed or held and enter any vessel boat or vehicle being used to transport clams or clamming equipment when the licensee or agent in charge is present or upon 8 hours' notice at other times.

2. Inspect places, buildings, structures, vessels boats or vehicles, all pertinent equipment used or stored in the places to be inspected and any clams stored, processed, packed or held in the places to be inspected.

(b) No licensee, operator of a vehicle or vessel boat for the licensee, or employe acting on behalf of the licensee may prohibit entry or prohibit an inspection from being conducted as authorized under par. (a).

(9) Confidentiality. Upon request in writing by a person who is required by department rule to keep a record or submit a report, the department shall keep confidential any information on the record or report relating to the value or weight of clams bought, sold or bartered by the person or relating to the specific location where the clams were taken, killed, collected or removed, except that the information may be disclosed in statistical summaries or reports which do not identify the person by name or license number and in any enforcement action under s. 29.99 29.971 (1m).

248,502 Section 502 . 29.39 of the statutes is renumbered 29.055 and amended to read:

29.055 (title) Possession during Wild animals; possession in closed season or in excess of bag limit. Except as otherwise expressly provided in this chapter, no person may have in the person's possession or under the person's control, or have in storage or retention for any person, any wild animal, or the carcass or part thereof, that was taken during the closed season for that wild animal or that is in excess of the bag or possession limit or contrary to the size limits for that wild animal. The open and closed seasons and the bag, possession and size limits of the state, province or country in which a wild animal was taken shall apply to the wild animal or the carcass if it was lawfully killed outside of this state.

248,503 Section 503 . 29.395 of the statutes is renumbered 29.057 and amended to read:

29.057 (title) Game, Wild animals; possession in open season. It shall be is unlawful to have in possession possess or under control at any time a protected wild animal or the carcass or part of the carcass or skin of any protected wild animal showing that the same has been it was taken during the close closed season for such the protected wild animal.