1997 Wisconsin Act 248

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).

(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: