1997 Wisconsin Act 27

27,976 Section 976 . 29.09 (7) of the statutes is repealed.

27,977 Section 977 . 29.09 (7m) of the statutes is repealed.

27,978 Section 978 . 29.09 (8) of the statutes is amended to read:

29.09 (8) Record of approvals issued. The department shall keep a complete record of all approvals issued. The department is accountable for all unused approval blanks.

27,979 Section 979 . 29.09 (8m) (b) of the statutes is amended to read:

29.09 (8m) (b) A person holding a current fishing license issued under this chapter and a trolling permit or a permit issued under sub. (9) (c) 1. may fish or troll in the waters of this state using an electric motor with no more than 36 pounds of thrust, notwithstanding any ordinances enacted under s. 30.77 (3) that prohibit the use of motor boats on navigable waters.

27,981 Section 981 . 29.09 (9m) (a) 9. of the statutes is created to read:

29.09 (9m) (a) 9. Sturgeon fishing permit.

27,982 Section 982 . 29.09 (9r) (c) of the statutes is amended to read:

29.09 (9r) (c) Any fees collected under this subsection shall be deposited in the conservation fund and credited to the appropriation account under s. 20.370 (1) (Lu) (9) (hu).

27,983 Section 983 . 29.09 (10) (a) of the statutes is amended to read:

29.09 (10) (a) Collection of issuing fee. A person authorized to issue Any person, including the department ,who issues any license or stamp prescribed by under this chapter shall collect, in addition to the statutory license or stamp fee, an issuing fee for each license and each stamp the person issued. A person appointed under sub. (3r) (a) 2. or 3. may retain the amounts specified in par. (c) to compensate for services in issuing the license or stamp.

27,984 Section 984 . 29.09 (10) (c) of the statutes is amended to read:

29.09 (10) (c) (title) Nonpublic issuing Issuing agents. Deputies A person appointed by county clerks, other than county employes, and deputies appointed by the department, other than state employes, are entitled to under sub. (3r) (a) 2. or 3. may retain 50 cents of each issuing fee for licenses and 15 cents of each issuing fee for stamps.

27,985 Section 985 . 29.09 (11) of the statutes is repealed.

27,986 Section 986 . 29.09 (12) (a) of the statutes is amended to read:

29.09 (12) (a) Certain resident licenses may be issued to students and members of the armed forces. Notwithstanding sub. (1m) and s. 29.14 (1) (a), the department and the county clerk of each county shall issue a resident fishing license, resident small game hunting license or resident deer hunting license to a qualified student or qualified member of the armed forces applying for the license. A qualified student is a person who exhibits proof that he or she is a registered full-time undergraduate student in residence at a public or private college or university located in this state and offering a bachelor's degree or that he or she is a citizen of a foreign country temporarily residing in this state while attending a high school located in this state or an agricultural short course at the university of Wisconsin system. A qualified member of the armed forces is a person who exhibits proof that he or she is in active service with the U.S. armed forces and that he or she is stationed in this state.

27,988 Section 988 . 29.09 (12) (b) of the statutes is amended to read:

29.09 (12) (b) Resident armed forces fishing license. An annual fishing license shall be issued by the department or a county clerk to any member of the U.S. armed forces applying for this license who exhibits proof that he or she is in active service with the armed forces and that he or she is a resident on furlough or leave.

27,990 Section 990 . 29.09 (12) (c) of the statutes is amended to read:

29.09 (12) (c) Resident armed forces small game hunting license. A small game hunting license shall be issued by the department or by a county clerk to any member of the U.S. armed forces applying for this license who exhibits proof that he or she is in active service with the armed forces and that he or she is a resident on furlough or leave.

27,993 Section 993 . 29.09 (13) of the statutes is amended to read:

29.09 (13) Stamps; artwork. The department shall may design and produce waterfowl hunting stamps, pheasant hunting stamps, wild turkey hunting stamps, inland waters trout stamps and Great Lakes trout and salmon stamps. The department may select artwork for stamps through a contest or otherwise may acquire original artwork for stamps.

27,994e Section 994e. 29.092 (2) (em) of the statutes, as affected by 1997 Wisconsin Act 1, is amended to read:

29.092 (2) (em) Resident wild turkey. The fee for a resident wild turkey hunting license is $10.25 $9.25.

27,994k Section 994k. 29.092 (2) (kd) of the statutes, as affected by 1997 Wisconsin Act 1, is amended to read:

29.092 (2) (kd) Nonresident wild turkey. The fee for a nonresident wild turkey hunting license is $54.25 $53.25.

27,996 Section 996 . 29.092 (3r) (b) of the statutes is amended to read:

29.092 (3r) (b) All moneys collected under par. (a) shall be deposited into the account under s. 20.370 (1) (is) (3) (is).

27,996m Section 996m. 29.092 (8) (title) of the statutes is amended to read:

29.092 (8) (title) Bait dealer and fish hatchery licenses.

27,996n Section 996n. 29.092 (8) (c) of the statutes is repealed.

27,996p Section 996p. 29.092 (8) (d) of the statutes is repealed.

27,996q Section 996q. 29.092 (8) (e) of the statutes is repealed.

27,996r Section 996r. 29.092 (8) (f) of the statutes is repealed.

27,996t Section 996t. 29.092 (8m) of the statutes is created to read:

29.092 (8m) Fish farm permits. The fee for a fish farm permit is the amount established under s. 29.521 (2) (f).

27,998 Section 998 . 29.092 (13m) (a) of the statutes is amended to read:

29.092 (13m) (a) The processing fee for an application for a hunter's choice deer hunting permit, a bonus deer hunting permit, a wild turkey hunting license, a Canada goose hunting permit, a sharp-tailed grouse hunting permit, a bobcat hunting and trapping permit, an otter trapping permit or, a fisher trapping permit or a sturgeon fishing permit is $2.75.

27,998b Section 998b. 29.092 (14) (a) of the statutes, as affected by 1997 Wisconsin Act 1, is amended to read:

29.092 (14) (a) Surcharge generally. In addition to the fees specified under subs. (2) (a) and (c) to (k) (kd), (3v) (a) 1. and (am) and (4) (a) and (am), a person who applies for a resident small game, resident wild turkey, resident deer, resident Class A or Class B bear, resident archer, nonresident annual small game, nonresident 5-day small game, nonresident wild turkey, nonresident deer, nonresident Class A or Class B bear, nonresident fur-bearing animal, nonresident archer license, resident sports license, or nonresident sports license shall pay a wildlife damage surcharge of $1.

27,998d Section 998d. 29.092 (14) (b) of the statutes, as affected by 1997 Wisconsin Act 1, is amended to read:

29.092 (14) (b) Addition of surcharge. The wildlife damage surcharge shall be added to the fee provided in sub. (2) (a) or (c) to (k) (kd), (3v) (a) 1. or (am) or (4) (a), (am), (b) or (bn).

27,998m Section 998m. 29.092 (14) (c) of the statutes is amended to read:

29.092 (14) (c) Use of surcharge fees. The wildlife damage surcharge shall be collected as are other approval fees and the surcharge fees shall be deposited in the conservation fund to be used for the wildlife damage abatement program, the wildlife damage and claim program, for wildlife abatement and control grants under s. 29.595 and for removal activities by the department under s. 29.59.".

27,999 Section 999 . 29.092 (16) of the statutes is amended to read:

29.092 (16) Fees held in trust. All fees collected under this section for approvals issued under this chapter that are required to be remitted to the department shall be held in trust for the state. Any person who collects, possesses or manages fees for approvals acts in a fiduciary capacity for the state.

27,1000g Section 1000g. 29.093 (8) (title) of the statutes is amended to read:

29.093 (8) (title) Bait dealer and fish hatchery licenses.

27,1000h Section 1000h. 29.093 (8) (a) (title) of the statutes is repealed.

27,1000i Section 1000i. 29.093 (8) (a) of the statutes is renumbered 29.093 (8).

27,1000j Section 1000j. 29.093 (8) (b) of the statutes is repealed.

27,1000L Section 1000L. 29.093 (8m) of the statutes is created to read:

29.093 (8m) Fish farm permits. A fish farm permit, issued under s. 29.521 (2), is valid for 10 years after the date of issuance.

27,1001 Section 1001 . 29.095 (2) of the statutes is amended to read:

29.095 (2) A senior citizen recreation card entitles the holder to exercise all of the combined rights and privileges conferred by a resident small game hunting license, a wild turkey hunting license, a wild turkey hunting stamp and a resident fishing license, subject to all duties, conditions, limitations and restrictions prescribed under this chapter and by department order. The card permits any A person may operate any vehicle, except a motor bus, as defined in s. 340.01 (31), having a card 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 card holder who can present the card upon demand in the vehicle admission area. The card permits a card holder to enter Heritage Hill state park or a state trail without paying an admission fee.

27,1002 Section 1002 . 29.10 of the statutes is amended to read:

29.10 Resident small game hunting license. A resident small game hunting license shall be issued subject to s. 29.09 by the department or by a county clerk to any resident applying for this license. The resident small game hunting license does not authorize the hunting of bear, deer or wild turkey.

27,1004 Section 1004 . 29.102 (1) (a) of the statutes is amended to read:

29.102 (1) (a) Requirement. Except as provided under par. (c), no person may hunt waterfowl unless he or she is issued a conservation patron license or unless he or she is issued a waterfowl hunting stamp which is affixed by the stamp's adhesive to, in the manner required by the rule promulgated under s. 29.09 (3m) (a) 3., is attached to or imprinted on the person's hunting license which authorizes the hunting of small game or to the person's sports license.

27,1005 Section 1005 . 29.102 (1) (b) of the statutes is amended to read:

29.102 (1) (b) Issuance. The waterfowl hunting stamp shall be issued by the department and its agents and by county clerks subject to s. 29.09. The waterfowl hunting stamp shall be designed and produced by the department as provided under s. 29.09 (13).

27,1006 Section 1006 . 29.1025 (1) (a) of the statutes is amended to read:

29.1025 (1) (a) Except as provided in pars. (b) to (d), no person may hunt pheasant unless he or she has a valid conservation patron license, or has a valid pheasant hunting stamp affixed by the stamp's adhesive to which, in the manner required by the rule promulgated under s. 29.09 (3m) (a) 3., is attached to or imprinted on the person's hunting license which authorizes the hunting of small game or to the person's sports license.

27,1007 Section 1007 . 29.1025 (2) of the statutes is amended to read:

29.1025 (2) Issuance. The pheasant hunting stamp shall be issued by the department or a county clerk subject to s. 29.09. The department shall design and produce pheasant hunting stamps as provided under s. 29.09 (13).

27,1008 Section 1008 . 29.103 (2) (b) 1. of the statutes is amended to read:

29.103 (2) (b) 1. No person may hunt wild turkey unless he or she has a valid wild turkey hunting license and a valid wild turkey hunting stamp stapled or affixed by the stamp's adhesive to attached to or imprinted on the person's wild turkey hunting license in the manner required by the rule promulgated under s. 29.09 (3m) (a) 3.

27,1009 Section 1009 . 29.103 (2) (b) 2. of the statutes is amended to read:

29.103 (2) (b) 2. If the department establishes a wild turkey hunting zone where wild turkey hunting is permitted under sub. (6), no person may hunt wild turkeys in that wild turkey hunting zone unless the person is issued a wild turkey hunting license that is valid for that zone and that has a valid wild turkey hunting stamp attached in the manner required in subd. 1 or imprinted in the manner required by the rule promulgated under s. 29.09 (3m) (a) 3.

27,1009j Section 1009j. 29.103 (4) (a) of the statutes is amended to read:

29.103 (4) (a) (title) Preference Cumulative preference system. If the department requires wild turkey hunting licenses and the number of applications for wild turkey hunting licenses exceeds the number of available wild turkey hunting licenses, the department shall issue wild turkey hunting licenses according to the cumulative preference system under this subsection.

27,1009L Section 1009L. 29.103 (4) (b) (title) and 1. of the statutes are amended to read:

29.103 (4) (b) (title) Landowner preference Qualified resident landowners. 1. If the department requires wild turkey hunting licenses, the The department shall give create a first preference category in the issuance of these wild turkey hunting licenses to applicants applying under the landowner preference system who are qualified resident landowners. The number of licenses issued under this section paragraph for a season for an established wild turkey hunting zone may not exceed 30% of all licenses issued for that season in for that zone.

27,1009n Section 1009n. 29.103 (4) (b) 2. of the statutes is amended to read:

29.103 (4) (b) 2. A qualified resident landowner may apply for a wild turkey hunting license under the landowner preference system. A For purposes of subd. 1., a qualified resident landowner is a resident who owns at least 50 acres in one parcel in an established wild turkey hunting zone and who agrees to allow other persons to hunt wild turkeys on that land if those persons first obtain permission to hunt from the landowner. If more than one individual is the landowner of a single parcel of land, only one individual may be considered a qualified resident landowner.

27,1009p Section 1009p. 29.103 (4) (b) 3. of the statutes is amended to read:

29.103 (4) (b) 3. A qualified resident landowner may assign his or her eligibility to apply for a wild turkey hunting license under the landowner preference system this paragraph as a qualified resident landowner to a family member, to an operator or to a family member of the operator. The department may specify the procedures and forms which are required to be followed and completed to effect this assignment. After this assignment, the assignee may apply for a wild turkey hunting license under the landowner preference system this paragraph as a qualified resident landowner and the qualified resident landowner who assigned his or her eligibility may not, notwithstanding subd. 2 so apply.

27,1009r Section 1009r. 29.103 (4) (c) (intro.) and 1. (intro.) of the statutes are consolidated, renumbered 29.103 (4) (c) (intro.) and amended to read:

29.103 (4) (c) (title) Other preferences Second preference. (intro.) If the department requires wild turkey hunting licenses, the The department shall give, in the issuance of these create a 2nd preference category in issuing wild turkey hunting licenses: 1. Second preference to resident applicants who in a previous season applied for but who were not issued wild turkey hunting licenses:

27,1009s Section 1009s. 29.103 (4) (c) 1. a. of the statutes is renumbered 29.103 (4) (c) 1.

27,1009t Section 1009t. 29.103 (4) (c) 1. b. of the statutes is renumbered 29.103 (4) (c) 2.

27,1009v Section 1009v. 29.103 (4) (c) 2. of the statutes is renumbered 29.103 (4) (cg) and amended to read:

29.103 (4) (cg) (title) Third preference. Third The department shall create a 3rd preference category in issuing wild turkey hunting licenses to all other resident applicants.

27,1009w Section 1009w. 29.103 (4) (c) 3. of the statutes is renumbered 29.103 (4) (cm) and amended to read:

29.103 (4) (cm) (title) Fourth preference. Fourth The department shall create a 4th preference category in issuing wild turkey hunting licenses to nonresident applicants who are not resident applicants.

27,1009y Section 1009y. 29.103 (4) (cr) of the statutes is created to read:

29.103 (4) (cr) Cumulative preference. 1. In issuing licenses under the 2nd preference category under this subsection, the department shall give, within that preference category, a preference point to each applicant for each previous corresponding season for which the person applied but was not issued a wild turkey hunting license. The department shall create subcategories for each point total and place each applicant in the applicable subcategory. The department shall rank the subcategories according to the number of preference points received, giving higher priority to those subcategories 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.

2. If the number of applicants within a preference category or a subcategory under this subsection exceeds the number of wild turkey hunting licenses available in the category or subcategory, the department shall select at random within the category or subcategory the applicants to be issued the licenses.