1997 Wisconsin Act 27

29.1475 (3) Authorization; admission to state parks and related areas. A conservation patron license permits any person may operate a vehicle, except a motor bus, as defined in s. 340.01 (31), having a conservation patron license holder as an occupant to enter in any vehicle admission area under s. 27.01 (7) without having an admission sticker receipt affixed to it the vehicle or otherwise displayed and without paying a fee if the vehicle has as an occupant a conservation patron license holder who can present the license upon demand in the vehicle admission area. The conservation patron license permits the license holder to enter Heritage Hill state park or a state trail without paying an admission fee.

27,1072 Section 1072 . 29.1475 (6) of the statutes is amended to read:

29.1475 (6) (title) Admission sticker receipt. At the same time the department issues a conservation patron license, it may issue an annual resident or nonresident vehicle admission sticker receipt or a special sticker receipt for admission to state parks and similar areas. Alternatively or in addition, the department may issue an annual resident or nonresident vehicle admission sticker receipt or a special sticker receipt for admission to state parks and similar areas to a person who has a conservation patron license on location at the state park or similar area. A person who is issued a sticker receipt under this subsection shall affix the sticker receipt by its own adhesive to the interior surface of the lower left-hand corner of the windshield of the vehicle. A sticker or otherwise display it as authorized under a rule promulgated under s. 27.01 (7) (e) 2. A receipt issued under this section is not considered part of a conservation patron license for the purpose of issuing a duplicate and no. No duplicate sticker shall receipt may be issued for a receipt that is affixed by its own adhesive to a windshield unless the license holder provides evidence that the vehicle upon which the sticker receipt is affixed is no longer usable or that the vehicle was transferred to another person and the license holder presents the original sticker receipt or remnants of it to the department. Section 29.09 (4) applies to the issuance of a duplicate receipt that is displayed as authorized under the rule promulgated under s. 27.01 (7) (e) 2.

27,1073 Section 1073 . 29.148 (1m) (intro.) of the statutes is amended to read:

29.148 (1m) (intro.)  A Subject to s. 29.09 and any limit imposed under s. 29.174 (2) (eg), a sturgeon spearing license shall be issued subject to s. 29.09 by the department or by a county clerk to any person applying for this license who:

27,1075 Section 1075 . 29.148 (1m) (intro.) of the statutes, as affected by 1997 Wisconsin Act .... (this act), section 1073, is amended to read:

29.148 (1m) (intro.) Subject to s. 29.09 and any limit imposed under s. 29.174 (2) (eg), a sturgeon spearing license shall be issued by the department or by a county clerk to any person applying for this license who:

27,1077 Section 1077 . 29.148 (2) of the statutes is amended to read:

29.148 (2) The sturgeon spearing license shall be accompanied by sturgeon carcass tags in the quantity to correspond with the season bag limit for spearing rock or lake sturgeon established by the department. The serial numbers of these tags shall be entered on the license by the person issuing agent the license or by the department.

27,1078 Section 1078 . 29.148 (3) of the statutes is amended to read:

29.148 (3) A sturgeon spearing license authorizes the spearing of rock or lake sturgeon subject to any limit imposed under s. 29.174 (2) (eg) and only during the open season for spearing these sturgeon established by the department. No person may fish for sturgeon by means of a spear unless the person is issued a conservation patron license or unless the person is issued a sturgeon spearing license. The conservation patron license or the sturgeon spearing license shall be carried on the person of the licensee at all times while fishing for sturgeon by means of a spear.

27,1079 Section 1079 . 29.149 (2) of the statutes is amended to read:

29.149 (2) Requirement. Except as provided under sub. (4), no person may fish for trout in inland trout waters unless he or she is issued a conservation patron license or unless he or she is issued an inland waters trout stamp which is affixed by the stamp's adhesive to attached to or imprinted on the person's fishing license or sports license in the manner required by the rule promulgated under s. 29.09 (3m) (a) 3.

27,1080 Section 1080 . 29.149 (3) of the statutes is amended to read:

29.149 (3) Issuance. The department or a county clerk shall issue an inland waters trout stamp subject to s. 29.09 to each person holding or applying for a fishing license under s. 29.09 (12) (a), 29.14 (2) to (6), 29.145 (1c) to (2) or 29.146 or a sports license under s. 29.147 if the person uses or intends to use the license for trout fishing in inland trout waters of the state. The trout stamp shall be designed and produced by the department as provided under s. 29.09 (13).

27,1081 Section 1081 . 29.149 (5) of the statutes is amended to read:

29.149 (5) Use of moneys from fees. The department shall expend the receipts from the sale under this section of inland waters trout stamps on improving and maintaining trout habitat in inland trout waters, conducting trout surveys in inland trout waters and administering this section.

27,1082 Section 1082 . 29.15 (2) of the statutes is amended to read:

29.15 (2) Requirement. No person may fish for trout or salmon in the outlying trout and salmon waters of the state unless the person is issued a resident or nonresident 2-day sports fishing license, unless the person is issued a conservation patron license under s. 29.1475 or unless the person is issued a Great Lakes trout and salmon stamp which is affixed by the stamp's adhesive to attached to or imprinted on the person's fishing license or sports license in the manner required by the rule promulgated under s. 29.09 (3m) (a) 3.

27,1083 Section 1083 . 29.15 (3) of the statutes is amended to read:

29.15 (3) Issuance. The Great Lakes trout and salmon stamp shall be issued subject to s. 29.09 by the department or a county clerk to any person holding or applying for a fishing license under s. 29.09 (12) (a), 29.14 (2) to (7), 29.145 (1c) to (2) or 29.146 or a sports license under s. 29.147. The department shall design and produce Great Lakes trout and salmon stamps as provided under s. 29.09 (13).

27,1085b Section 1085b. 29.174 (title) of the statutes is amended to read:

29.174 (title) Conservation of fish and game; powers and duties of department.

27,1085c Section 1085c. 29.174 (2) (c) 1. (intro.) of the statutes is renumbered 29.174 (2) (c) (intro.).

27,1085d Section 1085d. 29.174 (2) (c) 1. a. of the statutes is renumbered 29.174 (2) (c) 1.

27,1085e Section 1085e. 29.174 (2) (c) 1. b. of the statutes is renumbered 29.174 (2) (c) 2.

27,1085f Section 1085f. 29.174 (2) (c) 1. c. of the statutes is renumbered 29.174 (2) (c) 3.

27,1085g Section 1085g. 29.174 (2) (c) 2. of the statutes is repealed.

27,1085k Section 1085k. 29.174 (2) (cm) 1. (intro.) of the statutes is renumbered 29.174 (2) (cm) (intro.).

27,1085L Section 1085L. 29.174 (2) (cm) 1. a. of the statutes is renumbered 29.174 (2) (cm) 1.

27,1085m Section 1085m. 29.174 (2) (cm) 1. b. of the statutes is renumbered 29.174 (2) (cm) 2.

27,1085p Section 1085p. 29.174 (2) (cm) 2. of the statutes is repealed.

27,1086 Section 1086 . 29.174 (2) (eg) of the statutes is created to read:

29.174 (2) (eg) The department may limit the number of persons fishing for sturgeon by hook and line or by spear, or both, and may limit the maximum harvest of sturgeon in any area.

27,1087 Section 1087 . 29.174 (2) (em) of the statutes is amended to read:

29.174 (2) (em) The department may impose any of the limitations under pars. (d) to (e) (eg) by establishing a system for the issuance of permits.

27,1087g Section 1087g. 29.174 (2) (er) of the statutes is created to read:

29.174 (2) (er) If the department decides to limit the number of hunters or trappers taking Canada geese, sharp-tailed grouse, fishers, otters, bobcats or sturgeon by issuing permits and if the number of persons seeking the permits exceeds the number of available permits, the department shall issue the permits according to a cumulative preference system established by the department. The department shall give a preference point to each applicant for each previous season for which the applicant applied but was not issued a permit. The system shall establish preference categories for these applicants, with higher priority given to those categories with more points than those with fewer points. Applicants who fail to apply at least once during any 3 consecutive years shall lose all previously accumulated preference points. If the number of applicants within a preference category or a subcategory under this subsection exceeds the number of permits available in the category or subcategory, the department shall select at random within the category or subcategory the applicants to be issued the permits.

27,1087m Section 1087m. 29.174 (4m) of the statutes is created to read:

29.174 (4m) The department shall promulgate rules to establish standards for tolerable levels of damage caused by deer living in the wild to crops on agricultural land, including commercial seedings, orchard trees and nursery stock. The department shall use the standards in setting goals for managing the deer herd.

27,1098m Section 1098m. 29.226 (4) of the statutes is created to read:

29.226 (4) A person who is subject to sub. (1) may prove compliance with sub. (1) when submitting an application for an approval authorizing hunting by presenting any of the following:

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

(b) An approval authorizing hunting that was issued to him or her under this chapter within 365 days before submitting the application.

(c) An approval authorizing hunting that was issued to him or her under this chapter for a hunting season that ended within 365 days before submitting the application.

27,1099b Section 1099b. 29.24 of the statutes is renumbered 29.24 (1) (intro.) and amended to read:

29.24 (1) (intro.) The owner or occupant of any land, and any member of his or her family, may hunt or trap beaver, coyotes, foxes, raccoons, woodchucks, rabbits and squirrels on the land without a license at any time, except that such as follows:

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

(2) The owner or occupant of any land and any member of his or her family may take beaver, rabbits, raccoons and squirrels on the land at any time by means of live trapping with box traps in areas where the discharge of a firearm is unlawful illegal.

27,1099bn Section 1099bn. 29.24 (1) (b) of the statutes is created to read:

29.24 (1) (b) Such persons may not hunt coyotes during an open season for hunting deer with firearms in an area that is closed by the department by rule to coyote hunting.

27,1103m Section 1103m. 29.286 (3) of the statutes is created to read:

29.286 (3) This section does not apply to any net or trap used to take, catch or kill farm-raised fish.

27,1103n Section 1103n. 29.29 (4) of the statutes is amended to read:

29.29 (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. In making such determinations, the department to the extent relevant shall consider the need for pesticides to protect the well-being of the general public. It shall obtain the recommendation of the pesticide review board and such rules, other than rules to protect groundwater promulgated to comply with ch. 160, are not effective until approved by the pesticide review board. “Pesticide" has the meaning designated in s. 94.67.

27,1103p Section 1103p. 29.29 (5) (title) of the statutes is repealed and recreated to read:

29.29 (5) (title) Exceptions.

27,1103q Section 1103q. 29.29 (5) of the statutes is renumbered 29.29 (5) (a).

27,1103r Section 1103r. 29.29 (5) (b) of the statutes is created to read:

29.29 (5) (b) 1. This section does not apply to toxicants placed in the waters of a self-contained fish rearing facility or a state or municipal fish hatchery if the toxicants are necessary to the operation of the fish farm or fish hatchery.

2. This section does not apply to toxicants placed in the waters of a preexisting fish rearing facility that is an artificial body of water if the toxicants are necessary to the operation of the fish farm and the department has issued a permit under s. 283.31 for the preexisting fish rearing facility.

27,1103u Section 1103u. 29.30 (3) of the statutes is created to read:

29.30 (3) Exemption. This section does not apply to any net, trap, snare, hook, setline or other device used to take, catch or kill farm-raised fish.

27,1105m Section 1105m. 29.33 (4g) of the statutes is created to read:

29.33 (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.

27,1105r Section 1105r. 29.33 (4m) (c) (intro.) of the statutes is amended to read:

29.33 (4m) (c) (intro.) A commercial fisher licensed under sub. (1) may fish by trawl for the total allowable commercial harvest of smelt, as set by rule by the department, on the waters of Green Bay at any time during nighttime hours the period beginning one hour after sunset and ending 3 hours after sunrise if all of the following apply:

27,1105s Section 1105s. 29.33 (4m) (c) 2. of the statutes is amended to read:

29.33 (4m) (c) 2. The fishing occurs in the areas and during the seasons established by the department for the fishing of smelt on Green Bay.

27,1105t Section 1105t. 29.33 (4m) (d) of the statutes is created to read:

29.33 (4m) (d) A commercial fisher licensed under sub. (1) may fish by trawl for the total allowable commercial harvest of smelt, as set by rule by the department, on Lake Michigan during any month except May if all of the following apply:

1. The smelt will be used or sold for human consumption.

2. The fishing occurs in the areas and during the hours established by the department for the fishing of smelt on Lake Michigan.

27,1105u Section 1105u. 29.33 (4m) (e) of the statutes is created to read:

29.33 (4m) (e) The department shall establish by rule a harvest limit for alewife on the waters of Green Bay and Lake Michigan.

27,1108 Section 1108 . 29.34 (4) (c) of the statutes is amended to read:

29.34 (4) (c) The department or the county clerk shall issue net tags to the licensee at the time of issuing the net license.

27,1108m Section 1108m. 29.34 (6) of the statutes is created to read:

29.34 (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.

27,1109 Section 1109 . 29.343 (1) of the statutes is amended to read:

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

27,1111 Section 1111 . 29.343 (5) of the statutes is amended to read:

29.343 (5) Except as herein provided slat net licenses shall be issued to any resident applying therefor and shall be subject to s. 29.09, except that they shall be issued by the county clerk of the counties bordering on such waters. A sufficient supply of slat net tags shall be furnished such county clerks by the department to persons issuing approvals under this section.

27,1111m Section 1111m. 29.343 (6) of the statutes is created to read:

29.343 (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.

27,1111r Section 1111r. 29.344 (5) of the statutes is created to read:

29.344 (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.

27,1113 Section 1113 . 29.36 (1) of the statutes is amended to read:

29.36 (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 by the department or the county clerk of the county where the set or bank poles are intended to be used to any resident of the state applying for this license.