1997 Wisconsin Act 248

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.

248,504 Section 504 . 29.40 of the statutes is renumbered 29.347, and 29.347 (2), as renumbered, is amended to read:

29.347 (2) Deer tags. Except as provided under sub. (5) and s. 29.405 29.324 (3), any person who kills a deer shall immediately attach to the ear or antler of the deer a current validated deer carcass tag which is authorized for use on the type of deer killed. Except as provided under sub. (2m) or s. 29.578 29.871 (7), (8) or (14), no person may possess, control, store or transport a deer carcass unless it is tagged as required under this subsection. The carcass tag may not be removed before registration. The removal of a carcass tag from a deer before registration renders the deer untagged.

Note: The provision relating to deer tags is expanded to provide that the carcass tag may not be removed prior to registration and that the removal of a carcass tag from a deer prior to registration renders the deer untagged. This change reflects the current interpretation of the tagging law by the department.

248,505 Section 505 . Subchapter V (title) of chapter 29 [precedes 29.401] of the statutes is created to read:

CHAPTER 29

subchapter V
fishing regulation

248,506 Section 506 . 29.405 of the statutes is renumbered 29.324, and 29.324 (3), as renumbered, is amended to read:

29.324 (3) A person who kills a deer under sub. (2) shall ensure that a member of his or her group deer hunting party without delay attaches a current validated deer carcass tag to the deer in the manner specified under s. 29.40 29.347 (2). The person who kills the deer may not leave the deer unattended until after it is tagged.

248,507 Section 507 . 29.41 of the statutes is renumbered 29.351, and 29.351 (3), as renumbered, is amended to read:

29.351 (3) Possess the raw skin of any muskrat, mink, otter, fisher or pine marten at any time unless the person is the holder of a valid scientific collector permit, fur dealer license, trapping license or resident conservation patron license of current issue. No license is required for a person breeding, raising and producing domestic fur-bearing animals in captivity, as defined in s. 29.579 29.873, or for a person authorized to take muskrats on a cranberry marsh under a permit issued to the person by the department.

248,508 Section 508 . 29.415 of the statutes is renumbered 29.604, and 29.604 (2) (c), (3) (a), (5) (a) and (c) and (8), as renumbered, are amended to read:

29.604 (2) (c) “Wild Notwithstanding s. 29.001 (90), “wild animal" means any mammal, fish, wild bird, amphibian, reptile, mollusk, crustacean, or arthropod, or any part, products, egg or offspring thereof, or the dead body or parts thereof.

(3) (a) The department shall by rule establish an endangered and threatened species list. The list shall consist of 3 parts: wild animals and wild plants on the U.S. list of endangered and threatened foreign species; wild animals and wild plants on the U.S. list of endangered and threatened native species; and a list of endangered and threatened Wisconsin species. Wisconsin endangered species shall be compiled by issuing a proposed list of species approaching statewide extirpation. Wisconsin threatened species shall be compiled by issuing a proposed list of species which appear likely, within the foreseeable future, to become endangered. Issuance of the proposed lists shall be followed by solicitation of comments and public hearing. Wild animals and wild plants shall be deemed approaching considered to be approaching statewide extirpation if the department determines, based upon the best scientific and commercial data available to it, after consultation with other state game directors, federal agencies and other interested persons and organizations, that the continued existence of such these wild animals and wild plants in this state is in jeopardy.

(5) (a) 1. Whoever violates sub. (4) (a) or any rules promulgated under it shall forfeit not less than $500 nor more than $2,000. In addition, the court shall order the revocation of all hunting approvals issued to the person under this chapter and shall prohibit the issuance of any new hunting approvals under this chapter for one year. Whoever intentionally violates sub. (4) (a) or any rules promulgated under it shall be fined not less than $2,000 nor more than $5,000 or imprisoned for not more than 9 months or both. In addition, the court shall order the revocation of all hunting approvals issued to the person under this chapter and shall prohibit the issuance of any new hunting approvals under this chapter for 3 years.

2. Whoever violates sub. (4) (b) or (c) or any rules promulgated under those paragraphs shall forfeit not more than $1,000. Whoever intentionally violates sub. (4) (b) or (c) or any rules promulgated under those paragraphs shall be fined not more than $1,000 or imprisoned for not more than 9 months or both.

(c) Goods, merchandise, wild animals, wild plants or records seized under par. (b) shall be held by an officer or agent of the department pending disposition of court proceedings and thereafter shall be forfeited to the state for destruction or disposition as the department deems determines to be appropriate. Prior to forfeiture, the department may direct the transfer of wild animals or wild plants so seized to a qualified zoological, educational or scientific institution or qualified private propagator for safekeeping with costs assessable to the defendant.

(8) Exemptions. This section shall does not apply to zoological societies, or municipal zoos, or to their officers or employes thereof.

248,509 Section 509 . 29.42 (title) of the statutes is renumbered 29.354 (title).

248,510 Section 510 . 29.42 (1), (2) and (3) of the statutes are renumbered 29.354 (1), (2) and (3) and amended to read:

29.354 (1) Approval necessary. No person, except a person who is issued has a valid hunting license, sports license, a conservation patron license, taxidermist permit or scientific collector permit and who is carrying this approval on his or her person, may possess or have under his or her control any game bird, animal or the carcass of any game bird or animal.

(2) Nests and eggs. No person, except a person who is issued has a valid scientific collector permit, may take, needlessly destroy or possess or have under his or her control the nest or eggs of any wild bird for which a closed season is prescribed under this chapter.

(3) Mounted collections. This section shall does not permit seizure of nor or prohibit possession or sale of lawfully obtained wild birds and animals which are mounted or in the process of being mounted for a private collection.