2005 Wisconsin Act 25

29.024 (2g) (a) 2. Any permit issued under s. 29.403, 29.537, 29.733, 29.735, or 29.736.

25,557v Section 557v. 29.024 (2r) (a) 14m. of the statutes is repealed.

25,559 Section 559. 29.164 (title) of the statutes is amended to read:

29.164 (title) Wild turkey hunting license approvals.

25,560 Section 560. 29.164 (2) (c) 2. of the statutes is amended to read:

29.164 (2) (c) 2. If the department establishes a wild turkey hunting zone where or a season time period during which wild turkey hunting is permitted, no person may hunt wild turkeys in that wild turkey hunting zone or during that season time period unless the person has a wild turkey hunting license that is valid for that zone and that has a valid wild turkey hunting stamp attached or imprinted in the manner required by the rule promulgated under s. 29.024 (5) (a) 3 as required under subd. 1. and unless the person has a wild turkey hunting tag that is valid for that zone and that time period.

25,561 Section 561. 29.164 (3) (a) of the statutes is renumbered 29.164 (3) (a) 1. and amended to read:

29.164 (3) (a) 1. If the department requires wild turkey hunting licenses under sub. (2) (a) and the number of applications for wild turkey hunting licenses tags for a given wild turkey hunting zone or a given wild turkey hunting season time period exceeds the number of available wild turkey hunting licenses tags allocated by the department for that zone or that season time period, the department shall issue wild turkey hunting licenses and tags for that zone or that season time period according to the cumulative preference system under this subsection.

25,562 Section 562. 29.164 (3) (a) 2. of the statutes is created to read:

29.164 (3) (a) 2. If the department requires wild turkey hunting licenses under sub. (2) (a) and the number of applications for wild turkey hunting tags for a given wild turkey hunting zone or a given wild turkey hunting season time period does not exceed the number of available wild turkey hunting tags allocated by the department for that zone or that season time period, the department shall issue a wild turkey hunting license and tag to each applicant.

25,563 Section 563. 29.164 (3) (e) of the statutes is amended to read:

29.164 (3) (e) Notification; issuance; payment. The department shall issue a notice of approval to those qualified applicants selected to receive a wild turkey hunting license and tag under par. (a). A person who receives a notice of approval and who pays the license fee in the manner required by the department shall be issued a wild turkey hunting license and tag. The department may not charge a fee for a tag that is issued under this paragraph.

25,564 Section 564. 29.164 (4) (title) of the statutes is amended to read:

29.164 (4) (title) Wild turkey hunting stamps; additional tags.

25,565 Section 565. 29.164 (4) (b) of the statutes is repealed and recreated to read:

29.164 (4) (b) Additional tags. The department may issue the wild turkey hunting tags that were allocated for a given wild turkey hunting zone or season time period under sub. (3) (a) 2. but that were not issued. The department shall charge the fee specified in s. 29.563 (2) (f) or (g) for each of these additional tags. The issuance of a tag under this paragraph does not affect the priority that the person receiving the tag may have under the cumulative preference system.

25,565g Section 565g. 29.184 (6g) of the statutes is created to read:

29.184 (6g) Issuance of additional Class A bear licenses. (a) In addition to any other Class A bear hunting license that the department issues under this section, the department shall issue 2 certificates for Class A bear hunting licenses in a Class A bear hunting season to an organization known as the Wisconsin Bear Hunters' Association, Inc., if the organization applies for the certificates for that season.

(b) The organization known as the Wisconsin Bear Hunters' Association, Inc., shall award one of the certificates that is issued under par. (a) as a prize in a raffle conducted by a subunit of the organization that is licensed to conduct raffles under ch. 563 and shall award the other to the person who places the highest bid in a public auction.

(c) The organization known as the Wisconsin Bear Hunters' Association, Inc., shall transfer the certificate awarded under par. (b) only to persons who are qualified to receive a Class A bear hunting license. A person who receives a certificate may present that certificate to the department and request a resident or nonresident Class A bear hunting license. Upon receipt of the certificate and the appropriate required fees, the department shall issue the holder of the certificate a resident or nonresident Class A bear hunting license and the carcass tag and back tag under subs. (8) and (9).

(d) If the organization known as the Wisconsin Bear Hunters' Association, Inc., fails to transfer the certificates under par. (c), the certificates shall become invalid.

(e) The organization known as the Wisconsin Bear Hunters' Association, Inc., shall use the proceeds from the raffle and auction under par. (b) in this state to promote bear management and education and to further bear research.

(f) A person may be issued under par. (c) only one Class A bear hunting license in his or her lifetime, and the Class A bear hunting license shall be valid for only one Class A bear hunting season. The issuance under par. (c) of a license to the person is subject to s. 29.024 (2g).

25,567 Section 567. 29.191 (title) of the statutes is repealed and recreated to read:

29.191 (title) Hunting stamps.

25,567d Section 567d. 29.191 (2) (c) of the statutes is renumbered 29.191 (2) (c) 1. and amended to read:

29.191 (2) (c) 1. Use of moneys from fees. The Forty percent of the fees collected under this subsection shall be credited to the appropriation under s. 20.370 (1) (hr).

25,567g Section 567g. 29.191 (2) (c) 2. of the statutes is created to read:

29.191 (2) (c) 2. Sixty percent of the fees collected under this subsection shall be credited to the appropriation under s. 20.370 (1) (hw).

25,569 Section 569. 29.191 (4) of the statutes is renumbered 29.2285 (1).

25,570 Section 570. 29.191 (5) of the statutes is renumbered 29.2285 (2).

25,571 Section 571. 29.192 (4) of the statutes is amended to read:

29.192 (4) If the department decides to limit the number of hunters or trappers persons 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 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.

25,572 Section 572. 29.219 (3) (b) of the statutes is amended to read:

29.219 (3) (b) Authorization. Unless otherwise specifically prohibited, a resident 2-day sports fishing license only authorizes fishing in outlying trout and salmon waters, as defined in s. 29.191 (5) 29.2285 (2) (a).

25,572c Section 572c. 29.219 (3m) of the statutes is created to read:

29.219 (3m) Two-day inland lake trout fishing license. (a) Issuance. The department shall issue a 2-day inland lake trout fishing license, subject to s. 29.024, to any resident who applies for this license.

(b) Authorization. Unless otherwise specifically prohibited, a 2-day inland lake trout fishing license only authorizes fishing for lake trout in inland lakes.

(c) Use of fees. The department shall deposit receipts from the sale of 2-day inland lake trout fishing licenses under this subsection in the conservation fund. The department shall credit 50 percent of these receipts to the appropriation account under s. 20.370 (4) (kv).

25,573 Section 573. 29.228 (7) (b) of the statutes is amended to read:

29.228 (7) (b) Authorization. Unless otherwise specifically prohibited, a nonresident 2-day sports fishing license only authorizes fishing in outlying trout and salmon waters, as defined in s. 29.191 (5) 29.2285 (2) (a).

25,574 Section 574. 29.2285 (title) of the statutes is created to read:

29.2285 (title) Fishing stamps and tags.

25,574c Section 574c. 29.2285 (1) (b) and (c) of the statutes, as affected by 2005 Wisconsin Act .... (this act), are amended to read:

29.2285 (1) (b) Requirement. Except as provided in par. (d), no person may fish for trout in inland trout waters unless he or she is issued a conservation patron license, unless he or she is issued a 2-day inland lake trout fishing license, or unless he or she is issued an inland waters trout stamp which is attached to or imprinted on the person's fishing license or sports license in the manner required by the rule promulgated under s. 29.024 (5) (a) 3.

(c) Issuance. The department shall issue an inland waters trout stamp subject to s. 29.024 to each person holding or applying for a fishing license, other than a two-day inland lake trout fishing license, or holding or applying for a sports license if the person intends to use the license for trout fishing in inland trout waters of the state.

25,575 Section 575. 29.2285 (3) of the statutes is created to read:

29.2285 (3) Sturgeon hook and line tags. (a) Requirement. No person may possess a lake sturgeon taken by hook and line from the waters of the state unless he or she is issued one or more sturgeon hook and line tags.

(b) Issuance. The department shall issue sturgeon hook and line tags to each person holding or applying for a fishing license or a sports license if the person intends to possess a lake sturgeon taken by hook and line in the waters of the state.

(c) Tagging requirement. Any person having taken a lake sturgeon by means of a hook and line shall immediately attach a current, validated sturgeon hook and line tag issued to that person to the tail of the sturgeon. No person may possess, control, store, or transport a lake sturgeon carcass unless it is tagged as required under this paragraph.

(d) License requirement. Any person fishing for lake sturgeon shall hold a license authorizing the fishing or shall be exempt from holding such a license under s. 29.219 (1) (b) 1. or 2. or 29.228 (1) (b).

(e) Use of moneys from fees. The department shall deposit the receipts from the sale of sturgeon hook and line tags issued under this subsection into the conservation fund and shall credit these receipts to the appropriation account under s. 20.370 (4) (ky).

25,576 Section 576. 29.229 (2) (k) of the statutes is created to read:

29.229 (2) (k) Sturgeon hook and line tags.

25,577 Section 577. 29.229 (5) of the statutes is amended to read:

29.229 (5) Restrictions on approvals. A person who is fishing under the authority of an approval issued under this section shall be subject to the same conditions, limitations, and restrictions as are imposed on the equivalent approval issued under s. ss. 29.191 (4), 29.219, 29.228, 29.2285 (1), and 29.231, including bag limits, size limits, rest days, and closed seasons.

25,578 Section 578. 29.2295 (2) (m) of the statutes is created to read:

29.2295 (2) (m) Sturgeon hook and line tags.

25,579 Section 579. 29.2295 (4) (c) 2. of the statutes is amended to read:

29.2295 (4) (c) 2. If the amount appropriated under s. 20.370 (9) (hk) is insufficient to make all of the payments under this subsection par. (a), the department shall make the remaining payments from the appropriation under s. 20.370 (9) (ht).

25,580 Section 580. 29.2295 (4m) of the statutes is created to read:

29.2295 (4m) Resource management. In addition to any payment made under sub. (4) (a), the department shall make an annual payment of $50,000 to the band for the purposes of fishery management within the reservation.

25,581 Section 581. 29.235 (1) of the statutes is amended to read:

29.235 (1) Issuance. A resident conservation patron license shall be issued subject to s. 29.024 by the department to any resident 14 12 years old or older who applies for the license. A nonresident conservation patron license shall be issued subject to s. 29.024 by the department to any person 14 12 years old or older who is not a resident and who applies for the license.

25,582 Section 582. 29.235 (2) of the statutes is amended to read:

29.235 (2) Authorization; resident hunting, fishing, and trapping privileges. A resident conservation patron license confers upon the licensee all the combined privileges conferred by a resident small game hunting license, a resident deer hunting license, a resident wild turkey hunting license, a resident archer hunting license, a waterfowl hunting stamp, a pheasant hunting stamp, a wild turkey hunting stamp, a resident annual fishing license, an inland waters trout stamp, a Great Lakes trout and salmon stamp, a sturgeon hook and line tag, and a trapping license.

25,583 Section 583. 29.235 (2m) of the statutes is amended to read:

29.235 (2m) Authorization; nonresident hunting and fishing privileges. A nonresident conservation patron license confers upon the licensee all the combined privileges conferred by a nonresident small game hunting license, a nonresident deer hunting license, a nonresident wild turkey hunting license, a nonresident archer hunting license, a waterfowl hunting stamp, a pheasant hunting stamp, a wild turkey hunting stamp, a nonresident annual fishing license, an inland waters trout stamp, and a Great Lakes trout and salmon stamp, and a sturgeon hook and line tag.

25,584 Section 584. 29.235 (3) of the statutes is amended to read:

29.235 (3) Authorization; admission to state parks and related areas. A person may operate a motor vehicle, except a motor bus, as defined in s. 340.01 (31), subject to the admission requirements under s. 27.01 (7), in any vehicle admission area under s. 27.01 (7) without having an admission receipt affixed to the vehicle or otherwise displayed and without paying a fee if the vehicle has as an occupant a holder of a resident or nonresident conservation patron license 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. This subsection does not apply to holders of conservation patron licenses who are under the age of 18 years.

25,585 Section 585. 29.235 (5) of the statutes is amended to read:

29.235 (5) Subscription. At the time the department issues a conservation patron license, it shall provide the each licensee who is at least 18 years of age with an annual subscription to the Wisconsin natural resources magazine without any additional fee or charge.

25,586 Section 586. 29.235 (6) of the statutes is amended to read:

29.235 (6) Admission receipt. At the same time the department issues a conservation patron license, it may issue an annual resident or nonresident vehicle admission receipt or a special receipt for admission to state parks and similar areas. The department may issue an annual resident or nonresident vehicle admission receipt or a special 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 receipt under this subsection shall affix the receipt by its own adhesive to the interior surface of the lower left-hand corner of the windshield of the vehicle 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. No duplicate 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 receipt or remnants of it to the department. Section 29.024 (7) applies to the issuance of a duplicate receipt that is displayed as authorized under the rule promulgated under s. 27.01 (7) (e) 2. This subsection does not apply to holders of conservation patron licenses who are under the age of 18 years.

25,587 Section 587. 29.401 (2m) of the statutes is amended to read:

29.401 (2m) The department may not promulgate or enforce a rule that prohibits persons from possessing barbed hooks while fishing for trout in inland trout waters, as defined in s. 29.191 (4) 29.2285 (1) (a), during the period beginning on January 1 and ending on the Friday immediately preceding the first Saturday in the following May.

25,587d Section 587d. 29.404 (1) of the statutes is renumbered 29.404 (1m) and amended to read:

29.404 (1m) Public nuisance; removal. Any building, vehicle, tent, fish shanty or similar shelter that is used or left on the ice without a permit as required under sub. (1b) or in violation of any department order or that has fallen through the ice is a public nuisance. The department shall notify the owner, if known. If after the expiration of 10 days after notice is given the owner does not claim the nuisance, the department may destroy or sell the nuisance in the name of the state.

25,587dm Section 587dm. 29.404 (1b) of the statutes is created to read:

29.404 (1b) Nonresidents; permit required. A person who is not a resident may not place a fish shanty or similar shelter on the ice unless the person holds a nonresident annual fish shanty permit or a nonresident 7-day fish shanty permit issued by the department.

25,587e Section 587e. 29.424 (2) (intro.) and (b) of the statutes are consolidated, renumbered 29.424 (2) and amended to read:

29.424 (2) Subsection (1) does not authorize the department to remove fish from a self-contained fish rearing facility or from a preexisting fish rearing facility that is an artificial body of water unless one or more of the following apply: (b) The the department of agriculture, trade and consumer protection has requested that the department of natural resources remove the fish to address a problem affecting fish health.

25,587g Section 587g. 29.424 (2) (a) of the statutes is repealed.

25,588m Section 588m. 29.506 (7m) (a) of the statutes, as affected by 2005 Wisconsin Act .... (Assembly Bill 210), is amended to read:

29.506 (7m) (a) The department shall issue a taxidermy school permit to a person who applies for the permit; who, on August 15, 1991, holds a valid taxidermist permit issued under this section; and who, on August 15, 1991, operates a taxidermy school approved by the educational approval board under s. 39.90 38.50.

25,594 Section 594. 29.559 (1) (c) of the statutes is created to read:

29.559 (1) (c) Any person, including the department, who issues a wild turkey hunting tag under s. 29.164 (4) (b) or a sturgeon hook and line tag under s. 29.2285 (3) (b) shall collect, in addition to the statutory fee, and issuing fee for each tag that the person is issued. A person appointed under s. 29.024 (6) (a) 2., 3., or 4. may retain 15 cents for each issuing fee of each tag to compensate for services in issuing the tag.

25,594g Section 594g. 29.559 (3) of the statutes is created to read:

29.559 (3) Collection of issuing fee for fish shanty permit. Any person, including the department, may retain 50 cents of each fish shanty permit fee collected under s. 29.563 (11) (a) 3. or 4. as a fee to compensate for services in issuing the permit.