2001 Wisconsin Act 16

29.347 (5) (a) Any person who while operating a motor vehicle on a highway accidentally collides with and kills a deer may retain take possession of the carcass. If the motor vehicle operator does not want to retain take the carcass, the carcass may be retained taken by any other person who is present at the scene of the accident at the time the collision occurs or at any time after the collision occurs.

16,1177r Section 1177r. 29.347 (5) (b) (intro.) of the statutes is amended to read:

29.347 (5) (b) (intro.) No person may retain take possession of the carcass of a deer killed in the manner specified in par. (a) and remove the carcass from the scene of the accident unless one of the following apply:

16,1184m Section 1184m. 29.519 (2) (e) of the statutes is created to read:

29.519 (2) (e) Retention of licenses. 1. A commercial fishing licensee who is authorized under the license to conduct commercial fishing operations in the waters of Green Bay may retain the license without conducting any commercial fishing operations as authorized under the license for one period of up to 7 consecutive years. During this period, the commercial fishing licensee may not be required to transfer the license, may not be required to invest in any fishing gear or equipment, and is exempt from paying the applicable fees for the license under s. 29.563.

2. A commercial fishing licensee who conducts commercial fishing operations as authorized under the license in the waters of Green Bay may choose for one period of up to 7 consecutive years to be exempt from any minimum requirement on the amount of fish harvested that is established by the department and that applies to the licensee.

16,1190 Section 1190. 29.563 (4) (b) 1. of the statutes is amended to read:

29.563 (4) (b) 1. Sports: $248.25 $238.25 or a greater amount at the applicant's option.

16,1196 Section 1196. 29.565 of the statutes is created to read:

29.565 Voluntary contributions; venison processing and grant program. (1) Any applicant for a hunting license listed under s. 29.563 (2) (a) or (b) may, in addition to paying any fee charged for the license, elect to make a voluntary contribution of at least $1 to be used for the venison processing and donation program under s. 29.89.

(2) All moneys collected under sub. (1) shall be credited to the appropriation account under s. 20.370 (5) (ft).

16,1196g Section 1196g. 29.566 (title) of the statutes is amended to read:

29.566 (title) Collection, retention, and deposit of fees.

16,1196r Section 1196r. 29.566 (1m) of the statutes is created to read:

29.566 (1m) Transaction payments. The department shall establish a system under which the department pays each agent appointed under s. 29.024 (6) (a) 2. or 3. a payment of 50 cents for each time that the agent processes a transaction through the statewide automated system contracted for under s. 29.024 (6) (a) 4. This payment is in addition to any issuing fee, processing fee, or handling fee retained by the agent. The department shall make these payments by allowing the agent to retain an amount equal to the payments from the amounts that are collected by the agent and that would otherwise be remitted to the department.

16,1196rk Section 1196rk. 29.566 (1r) of the statutes is created to read:

29.566 (1r) Issuing payment for special deer hunting permits. The department shall establish a system under which the department pays each agent appointed under s. 29.024 (6) (a) 2. or 3. a payment of 50 cents each time that the agent uses the statewide automated system contracted for under s. 29.024 (6) (a) 4. to issue to an individual one or more deer hunting permits as authorized under s. 29.177. The department shall make these payments by allowing the agent to retain an amount equal to the payments from the amounts that are collected by the agent and that would otherwise be remitted to the department.

16,1197g Section 1197g. 29.569 (3) (b) of the statutes is amended to read:

29.569 (3) (b) Restrictions on issuance of sturgeon spearing licenses during the open season. No Except as provided in par. (bm), no sturgeon spearing license may be issued during a period beginning on October 1 and ending on the last day of the open season for the spearing of rock or lake sturgeon that follows that October 1.

16,1197h Section 1197h. 29.569 (3) (bm) of the statutes is created to read:

29.569 (3) (bm) Exceptions. A sturgeon spearing license may be issued during a period beginning on October 1 and ending on the last day of the open season for the spearing of rock or lake sturgeon that follows that October 1 to any of the following:

1. A person who is a member of the U.S. armed forces and who exhibits proof that he or she is a resident, is in active service with the armed forces outside this state, and is on furlough or leave.

2. A person who is a resident and who has attained the age of 14 during that period.

16,1197hm Section 1197hm. 29.591 (3) of the statutes is amended to read:

29.591 (3) Instruction fee. The department shall establish by rule the may not charge a fee for the course of instruction under the hunter education program and the bow hunter education program. The instructor shall collect this instruction fee 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 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 remainder of the fee or, if nothing is retained, the entire fee to the department may reimburse instructors for allowable costs, as determined by the department, up to $5 for each person who receives instruction from that instructor.

16,1200 Section 1200. 29.604 (2) (am) of the statutes is amended to read:

29.604 (2) (am) "State agency" means a board, commission, committee, department or office in the state government or the Fox River Navigational System Authority. "State agency" does not include the department of natural resources or the office of the governor.

16,1203 Section 1203. 29.741 (2) of the statutes is amended to read:

29.741 (2) No person shall take, remove, sell, or transport from the public waters of this state to any place beyond the borders of the state, any duck potato, wild celery, or any other plant or plant product except wild rice native in said waters and commonly known to furnish food for game birds.

16,1225 Section 1225. 29.89 (title) of the statutes is amended to read:

29.89 (title) Venison processing grants and donation program.

16,1225m Section 1225m. 29.89 (1) (intro.) and (a) of the statutes are consolidated, renumbered 29.89 (1) and amended to read:

29.89 (1) Definitions. Definition. In this section: (a) "Charitable, "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.

16,1225r Section 1225r. 29.89 (1) (b) of the statutes is repealed.

16,1226 Section 1226. 29.89 (2) of the statutes is amended to read:

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

16,1227 Section 1227. 29.89 (3) (b) of the statutes is amended to read:

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

16,1228c Section 1228c. 29.89 (3) (c) of the statutes is renumbered 29.89 (5) (b) 2. b.

16,1229 Section 1229. 29.89 (3) (e) of the statutes is amended to read:

29.89 (3) (e) The processed venison is donated county shall make reasonable efforts to donate the venison as provided under sub. (4).

16,1230 Section 1230. 29.89 (5) (title) of the statutes is amended to read:

29.89 (5) (title) Grants; amounts Reimbursement; funding.

16,1231 Section 1231. 29.89 (5) (a) of the statutes is amended to read:

29.89 (5) (a) Reimbursement Subject to par. (c), reimbursement under this section shall equal the amount that it costs costs, including administrative costs, that a county to process incurs in processing the venison and in donating the processed venison under sub. (4).

16,1232c Section 1232c. 29.89 (5) (b) of the statutes is renumbered 29.89 (5) (b) 1. and amended to read:

29.89 (5) (b) 1. The department shall reimburse counties under this section from the appropriation under s. 20.370 (5) (fq) (ft).

2. c. Moneys are available 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.

16,1232e Section 1232e. 29.89 (5) (b) 2. (intro.) and a. of the statutes are created to read:

29.89 (5) (b) 2. (intro.) The department shall reimburse counties under this section from the appropriation under s. 20.370 (5) (fq) if all of the following apply:

a. The total amount of reimbursable costs exceeds the amount available under s. 20.370 (5) (ft).

16,1232f Section 1232f. 29.89 (5) (b) 2. b. of the statutes, as affected by 2001 Wisconsin Act .... (this act), is repealed.

16,1234 Section 1234. 29.89 (5) (c) of the statutes is amended to read:

29.89 (5) (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.

16,1245g Section 1245g. 30.015 of the statutes is created to read:

30.015 Time limits for issuing permit determinations. In issuing permits under this chapter, the department shall initially determine whether a complete application for the permit has been submitted and, no later than 60 days after the application is submitted, notify the applicant in writing about the initial determination of completeness. If the department determines that the application is incomplete, the notice shall state the reason for the determination and the specific items of information necessary to make the application complete. An applicant may supplement and resubmit an application that the department has determined to be incomplete. There is no limit on the number of times that an applicant may resubmit an application that the department has determined to be incomplete under this section. The department may not demand items of information that are not specified in the notice as a condition for determining whether the application is complete unless both the department and the applicant agree or unless the applicant makes material additions or alterations to the project for which the application has been submitted.

16,1245p Section 1245p. 30.02 (3) of the statutes is amended to read:

30.02 (3) Upon receipt of a complete permit application or a request for a determination under s. 236.16 (3) (d), the department shall either schedule a public hearing to be held within 60 days after receipt of the application or request or provide notice stating that it will proceed on the application or request without a public hearing if, within 30 days after the publication of the notice, no substantive written objection to issuance of the permit is received or no request for a hearing concerning the determination under s. 236.16 (3) (d) is received. The notice shall be provided to the clerk of each municipality in which the project is located and to any other person required by law to receive notice. The department may provide notice to other persons as it deems appropriate. The department shall provide a copy of the notice to the applicant, who shall publish it as a class 1 notice under ch. 985 in a newspaper designated by the department that is likely to give notice in the area affected. The applicant shall file proof of publication with the department.

16,1245r Section 1245r. 30.02 (4) (a) of the statutes is amended to read:

30.02 (4) (a) If a public hearing is ordered, the division of hearings and appeals shall mail a written notice at least 10 days before the hearing to each person given notice under sub. (3) and in the case of an application for a permit, to any person who submitted a substantive written objection to issuance of the permit. The public hearing shall be conducted within 60 days after the hearing is ordered.

16,1245s Section 1245s. 30.02 (4) (b) of the statutes is amended to read:

30.02 (4) (b) The applicant shall publish a class 1 notice under ch. 985 of the public hearing in a newspaper designated by the department that is likely to give notice in the area affected. The applicant shall file proof of publication under this paragraph with the hearing examiner at or prior to the hearing.

16,1247r Section 1247r. 30.12 (3) (bt) of the statutes is created to read:

30.12 (3) (bt) A riparian owner is exempt from the permit requirements under sub. (2) and this subsection for a structure that is placed on the bed of a navigable water in the Wolf River and Fox River basin area, as described in s. 30.207 (1), and that extends beyond the ordinary high-water mark, if the following conditions apply:

1. The structure is a vertical wall designed to prevent land from eroding into a navigable water.

2. The structure is not a replacement for an existing structure and is placed on the bed of an artificial enlargement of a navigable water, or the structure is a replacement for an existing structure placed on the bed of a navigable water, including the bed of an artificial enlargement of a navigable water.

3. If the structure is a replacement for an existing structure placed on the bed of a navigable water, including the bed of an artificial enlargement of a navigable water, it is placed not more than 2 feet waterward of the structure that it is replacing.

4. The structure incorporates adequate bracing and anchors to ensure structural stability.

5. A filter fabric lining containing a layer of gravel extends from the landward side of the structure to facilitate drainage.

6. The base of the structure extends to a sufficient depth into the bed of the navigable water to ensure the structure's stability and to prevent the structure from failing.

7. The structure is secured into the bank of the navigable water in a manner that prevents erosion or scouring.

8. The riparian owner places riprap at the base of the waterward side of the structure up to the waterline or, if the structure is placed in a location where watercraft are moored, the riparian owner places riprap at the base of the waterward side of the structure up to a point that allows adequate space for the mooring of watercraft.

9. The structure is constructed of treated wood and built so that the top of the structure meets the lower of the following:

a. The natural topography of the bank of the navigable water.

b. A point that is 4 feet above the ordinary high-water mark of the navigable water.

c. The minimum height required to prevent overtopping by wave action.

16,1252m Section 1252m. 30.121 (3g) of the statutes is created to read:

30.121 (3g) Exception; historical or cultural value. Subsection (3) does not apply to the repair or maintenance of a boathouse or a fixed houseboat if the boathouse or fixed houseboat has a historic or cultural value, as determined by the state historical society or a local or county historical society established under s. 44.03.

16,1253 Section 1253. 30.124 (1) (intro.) of the statutes is amended to read:

30.124 (1) (intro.) Notwithstanding ss. 30.12, 30.125, 30.20, 30.44, and 30.45, and if the department finds that the activity will not adversely affect public or private rights or interests in fish and wildlife populations, navigation, or waterway flood flow capacity and will not result in environmental pollution, as defined in s. 299.01 (4), the department may do all of the following on public lands or waters:

16,1254 Section 1254. 30.124 (1) (a) of the statutes is amended to read:

30.124 (1) (a) Cut aquatic vegetation plants, as defined in s. 30.715 (1) (a), without removing the vegetation them from the water, for the purpose of improving waterfowl nesting, brood, and migration habitat.

16,1255 Section 1255. 30.125 of the statutes is repealed.

16,1255d Section 1255d. 30.134 (1) (e) of the statutes is repealed.

16,1255h Section 1255h. 30.134 (2) of the statutes is amended to read:

30.134 (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 only if it is necessary to exit the body of water to bypass an obstruction.

16,1255j Section 1255j. 30.134 (3) (a) (intro.) of the statutes is renumbered 30.134 (3) (a) and amended to read:

30.134 (3) (a) In engaging in a water-related recreational activity in the using an exposed shore area of a stream, as authorized under sub. (2), a member of the public may not do any of the following: enter the exposed shore area except from the water, from a point of public access on the stream, or with the permission of the riparian.

16,1255k Section 1255k. 30.134 (3) (a) 1. of the statutes is repealed.