1999 Wisconsin Act 9

9,768 Section 768. 29.563 (9) (a) 3. of the statutes is amended to read:

29.563 (9) (a) 3. Game bird and animal farm: $10 $25.

9,769 Section 769. 29.563 (9) (a) 5. of the statutes is amended to read:

29.563 (9) (a) 5. Deer farm: $25 $100.

9,770 Section 770. 29.563 (9) (a) 10. of the statutes is amended to read:

29.563 (9) (a) 10. Wildlife exhibit: $10 $25.

9,771 Section 771. 29.563 (9) (b) of the statutes is amended to read:

29.563 (9) (b) Late fee. For a license for a pheasant and quail farm, game bird and animal farm or fur animal farm, in addition to the regular fee: $10 $20.

9,772 Section 772. 29.563 (9) (c) of the statutes is created to read:

29.563 (9) (c) Surcharges. For the following licenses, the following surcharges in addition to the fees in pars. (a) and (b):

1. A license for a game bird and animal farm on which there are bear: $25.

2. A license for a game bird and animal farm on which the licensee permits an individual to hunt game birds for a fee: $75.

3. A license for a game bird and animal farm on which the licensee permits an individual to hunt grouse for a fee: $25.

4. A license for a game bird and animal farm on which the licensee sells game animals, the gross revenue from which is $10,000 or more during the 12 months immediately preceding the issuance of the license: $25.

5. A license for a wildlife exhibit at which the licensee exhibits a bear or a cougar: $25.

9,773 Section 773. 29.563 (11) (b) 1. of the statutes is amended to read:

29.563 (11) (b) 1. Hunter education and firearm safety instruction fee: $3 the fee as established by rule.

9,777 Section 777. 29.563 (14) (intro.) of the statutes is amended to read:

29.563 (14) Processing, handling, reservation and issuing fees. (intro.) The fees for processing, handling, reserving and issuing approvals are as follows:

9,777g Section 777g. 29.563 (14) (a) 1. of the statutes is amended to read:

29.563 (14) (a) 1. The processing fee for applications for approvals under the cumulative preference systems for the hunter's choice deer hunting permit, bonus deer hunting permit, wild turkey hunting license, Class A bear license, Canada goose hunting permit, sharp-tailed grouse hunting permit, bobcat hunting and trapping permit, otter trapping permit, fisher trapping permit or sturgeon fishing permit: $2.75.

9,778 Section 778. 29.563 (14) (bn) of the statutes is created to read:

29.563 (14) (bn) Reservation fee. Reservation fee for a deer hunting back tag number: $4.50.

9,779 Section 779. 29.563 (14) (c) 3. of the statutes is amended to read:

29.563 (14) (c) 3. Each application for a hunter's choice permit, bonus deer hunting permit, wild turkey hunting license, Canada goose hunting permit, sharp-tailed grouse hunting permit, bobcat hunting and trapping permit, otter trapping permit, fisher trapping permit or sturgeon fishing permit: 25 cents.

9,780 Section 780. 29.563 (14) (c) 4. of the statutes is created to read:

29.563 (14) (c) 4. Each bonus deer hunting permit issued for which a fee is charged under s. 29.563 (2) (c) 1. or (d): 75 cents.

9,781 Section 781. 29.563 (14) (c) 5. of the statutes is created to read:

29.563 (14) (c) 5. Each reservation for a deer hunting back tag number: 50 cents.

9,782 Section 782. 29.591 (3) of the statutes is amended to read:

29.591 (3) Instruction fee. The department shall establish by rule the fee for the course of instruction under the hunter education program and the bow hunter education program. The instructor shall collect the this instruction fee specified under s. 29.563 (11) (b) 1. from each person who receives instruction under the hunter education program and the bow hunter education program and remit the fee to the department. The department may authorize an instructor under either program to retain 50% determine the portion of this fee, which may not exceed 50%, that the instructor may retain to defray expenses incurred by the instructor in conducting the course. The instructor shall remit the remaining portion remainder of the fee or, if nothing is retained, the entire fee to the department.

9,782m Section 782m. 29.598 of the statutes is created to read:

29.598 Outdoors skills training. (1) Program coordination. The department and the board of regents of the University of Wisconsin System shall enter into an agreement with an established national organization that provides training to persons who are interested in learning about the outdoor skills needed by women to hunt, fish, camp, canoe and undertake other outdoor recreational activities in order to provide that type of training to interested persons.

(2) Match. No moneys may be transferred from the appropriation account under s. 20.370 (1) (mu) to pay for the costs associated with the agreement under sub. (1), unless the organization described in sub. (1) demonstrates that it has contributed an equal amount to pay for those costs. The matching contribution may be in the form of money or in-kind goods or services.

9,784g Section 784g. 29.867 (8g) of the statutes is created to read:

29.867 (8g) The department shall evaluate the impact of pheasant game farms licensed under this section on the survival of wild hen pheasants in the vicinity of pheasant game farms. The department shall submit the results of the evaluation, along with recommendations to protect and enhance wild pheasant populations in the vicinity of pheasant game farms, to the legislature under s. 13.172 (2) no later than October 1, 2000.

9,784m Section 784m. 29.89 of the statutes is created to read:

29.89 Venison processing grants. (1) Definitions. In this section:

(a) "Charitable organization" means a nonprofit corporation, charitable trust or other nonprofit association that is described in section 501 (c) (3) of the Internal Revenue Code and that is exempt from taxation under section 501 (a) of the Internal Revenue Code.

(b) "Deer damage management season" means a season for hunting deer that is established or extended by the department in order to reduce the deer population because the department determines that an excess population of deer will result in the increase of damage to agricultural or forest lands.

(2) Establishment of program. The department shall establish a program to reimburse counties for the costs that they incur in processing venison from certain deer carcasses.

(3) Eligibility requirements. A county is eligible for reimbursement under this section if all of the following apply:

(a) The county participates in the administration of both the wildlife damage abatement program and the wildlife damage claim program under s. 29.889.

(b) The county accepts deer carcasses for processing and pays for the costs of processing.

(c) The venison that is processed comes from deer that were killed in the county during a deer damage management season.

(d) The county pays for the costs of processing the venison.

(e) The processed venison is donated as provided under sub. (4).

(4) Donations authorized. A county may donate the processed venison to a food distribution service or a charitable organization. The county may require that the carcasses be field dressed before accepting them for processing.

(5) Grants; amounts; funding. (a) Reimbursement under this section shall equal the amount that it costs a county to process the venison.

(b) The department shall reimburse counties under this section from the appropriation under s. 20.370 (5) (fq) after first deducting from s. 20.370 (5) (fq) payments made for county administrative costs, payments made for wildlife damage abatement assistance and wildlife damage claim payments under s. 29.889.

(c) If the total amount of reimbursable costs under par. (a) exceeds the amount available after making the deductions under par. (b), the department shall establish a system to prorate the reimbursement payments among the eligible counties.

(6) Tagging exemption. The requirement under s. 29.347 (2m) (a) that the tags remain with the deer carcass or venison does not apply to a deer carcass or venison that is subject to this section.

9,785d Section 785d. 29.936 (1) of the statutes is amended to read:

29.936 (1) Notwithstanding s. 29.06 29.934, the department may distribute for free carcasses from fish and game seized or confiscated under s. 29.05 29.931 that are suitable for eating to food distribution services, as defined in s. 46.765 (1) (b). The department may have the fish or game that is seized or confiscated processed before distributing that fish or game to food distribution services. The department may collect the costs of the processing of the fish or game from the person from whom the fish and game was seized or confiscated.

9,785dd Section 785dd. 30.01 (1n) of the statutes is created to read:

30.01 (1n) "Drain" has the meaning given in s. 88.01 (8).

9,785de Section 785de. 30.01 (1nm) of the statutes is created to read:

30.01 (1nm) "Duck Creek Drainage District" means Outagamie Drainage District No. 6 that is also known as the Duck Creek Drainage District and is located in Outagamie County.

9,785dh Section 785dh. 30.10 (2) of the statutes is amended to read:

30.10 (2) Streams. Except as provided under sub. (4) (c) and (d), all streams, sloughs, bayous and marsh outlets, which are navigable in fact for any purpose whatsoever, are declared navigable to the extent that no dam, bridge or other obstruction shall be made in or over the same without the permission of the state.

9,785dm Section 785dm. 30.10 (4) (d) of the statutes is created to read:

30.10 (4) (d) A drainage district drain located in the Duck Creek Drainage District and operated by the board for that district is not navigable unless it is shown, by means of a U.S. geological survey map or other similarly reliable scientific evidence, that the drain was a navigable stream before it became a drainage district drain.

9,785dp Section 785dp. 30.12 (1) (intro.) of the statutes is amended to read:

30.12 (1) General prohibition. (intro.) Except as provided under sub. subs. (4) and (4m), unless a permit has been granted by the department pursuant to statute or the legislature has otherwise authorized structures or deposits in navigable waters, it is unlawful:

9,792 Section 792. 30.12 (4) (a) of the statutes is amended to read:

30.12 (4) (a) Activities affecting waters of the state as defined in s. 281.01 (18) that are carried out under the direction and supervision of the department of transportation in connection with highway and, bridge or other transportation project design, location, construction, reconstruction, maintenance and repair are not subject to the prohibitions or permit or approval requirements specified under this section or s. 29.601, 30.11, 30.123, 30.19, 30.195, 30.20, 59.692, 61.351, 62.231 or 87.30 or chs. 281 to 285 or 289 to 299, except s. 281.48. However, at the earliest practical time prior to the commencement of these activities, the department of transportation shall notify the department of the location, nature and extent of the proposed work that may affect the waters of the state.

9,792m Section 792m. 30.12 (4m) of the statutes is created to read:

30.12 (4m) Duck Creek Drainage District structures and deposits. Subsection (1) does not apply to a structure or deposit that the drainage board for the Duck Creek Drainage District places in a drain that the board operates in the Duck Creek Drainage District if either of the following applies:

(a) The department of agriculture, trade and consumer protection, after consulting with the department of natural resources, specifically approves the structure or deposit.

(b) The structure or deposit is required, under rules promulgated by the department of agriculture, trade and consumer protection, in order to conform the drain to specifications approved by the department of agriculture, trade and consumer protection after consulting with the department of natural resources.

9,793p Section 793p. 30.1255 (4) of the statutes is created to read:

30.1255 (4) Educational activities. The department shall expend moneys in fiscal year 1999-2000 and in fiscal year 2000-01 to conduct activities that provide information and educational materials to the public regarding aquatic nuisance species. The amount expended under this subsection in each fiscal year may not exceed $25,000.

9,793q Section 793q. 30.1255 (4) of the statutes, as created by 1999 Wisconsin Act .... (this act), is repealed.

9,793t Section 793t. 30.134 of the statutes is created to read:

30.134 Use of exposed shore areas along streams. (1) Definitions. In this section:

(a) "Artificial ditch" means a ditch, channel, canal or other stream of water that has no prior history as a stream.

(b) "Exposed shore area" means the area of the bed of a navigable body of water that is between the ordinary high-water mark and the water's edge.

(c) "Highway" has the meaning given in s. 340.01 (22).

(d) "Riparian" means the owner, lessee or occupant of land that abuts a navigable body of water.

(e) "Water-related recreational activity" means a recreational activity that requires a body of water and includes swimming, fishing and boating.

(2) Authorization. Members of the public may use any exposed shore area of a stream without the permission of the riparian to engage in a water-related recreational activity.

(3) Restrictions; members of public. (a) In engaging in a water-related recreational activity in the exposed shore area of a stream, as authorized under sub. (2), a member of the public may not do any of the following:

1. Use a motorized vehicle unless an exception under s. 30.29 (3) applies.

2. Place a structure or object on the exposed shore area that remains after the person leaves the exposed shore area.

3. Cut or remove trees or woody vegetation.

4. Remove or damage soils or plants.

5. Remove or damage any object that was placed on the exposed shore area by the riparian.

6. Camp overnight.

7. Enter the exposed shore area except from the water in the stream, from a point of public access on the stream or with the permission of the riparian.