Amendment ASA1-AB100

AB100-ASA1,514,11 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.

AB100-ASA1, s. 858 Section 858. 29.174 (2) (em) of the statutes is amended to read:

AB100-ASA1,514,14 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.

AB100-ASA1, s. 1087g Section 1087g. 29.174 (2) (er) of the statutes is created to read:

AB100-ASA1,515,4 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.

AB100-ASA1, s. 1087m Section 1087m. 29.174 (4m) of the statutes is created to read:

AB100-ASA1,515,9 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.

AB100-ASA1, s. 1098m Section 1098m. 29.226 (4) of the statutes is created to read:

AB100-ASA1,515,13 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:

AB100-ASA1,515,14 (a) His or her certificate of accomplishment issued under s. 29.225.

AB100-ASA1,515,16 (b) An approval authorizing hunting that was issued to him or her under this chapter within 365 days before submitting the application.

AB100-ASA1,515,19 (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.

AB100-ASA1, s. 1103m Section 1103m. 29.286 (3) of the statutes is created to read:

AB100-ASA1,515,22 29.286 (3) This section does not apply to any net or trap used to take, catch or kill farm-raised fish.

AB100-ASA1, s. 1103p Section 1103p. 29.29 (5) (title) of the statutes is repealed and recreated to read:

AB100-ASA1,515,25 29.29 (5) (title) Exceptions.

AB100-ASA1, s. 1103q Section 1103q. 29.29 (5) of the statutes is renumbered 29.29 (5) (a).

AB100-ASA1, s. 1103r Section 1103r. 29.29 (5) (b) of the statutes is created to read:

AB100-ASA1,516,5 29.29 (5) (b) This section does not apply to toxicants placed in the waters of a fish farm or a state or municipal fish hatchery that are necessary to the operation of the fish farm or fish hatchery.

AB100-ASA1, s. 1103u Section 1103u. 29.30 (3) of the statutes is created to read:

AB100-ASA1,516,8 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.

AB100-ASA1, s. 859 Section 859. 29.34 (4) (c) of the statutes is amended to read:

AB100-ASA1,516,11 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.

AB100-ASA1, s. 860 Section 860. 29.343 (1) of the statutes is amended to read:

AB100-ASA1,516,18 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.

AB100-ASA1, s. 861 Section 861. 29.343 (5) of the statutes is amended to read:

AB100-ASA1,516,24 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.

AB100-ASA1, s. 862 Section 862. 29.36 (1) of the statutes is amended to read:

AB100-ASA1,517,5 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.

AB100-ASA1, s. 863 Section 863. 29.36 (2) of the statutes is amended to read:

AB100-ASA1,517,10 29.36 (2) No set or bank pole shall be used unless there is securely attached thereto a metal tag stamped with the number of the license covering the same. Tags shall be furnished by the department to the county clerk, or agents of the same or of the department and by such agency to the licensee at the time of issuing the license.

AB100-ASA1, s. 864 Section 864. 29.37 (1) of the statutes is amended to read:

AB100-ASA1,517,16 29.37 (1) A setline license authorizing the use of setlines and hooks in inland waters in the manner determined by the department for taking, catching or killing fish shall be issued subject to s. 29.09 by the department or the county clerk of the county bordering on the waters where the setlines are intended and permitted to be used to any resident of the state applying for this license.

AB100-ASA1, s. 865 Section 865. 29.37 (3) (b) of the statutes is amended to read:

AB100-ASA1,517,19 29.37 (3) (b) The department or the county clerk shall issue setline tags to the licensee at the time of issuing the setline license.

AB100-ASA1, s. 1119k Section 1119k. 29.42 (4) of the statutes is amended to read:

AB100-ASA1,517,23 29.42 (4) (title) Farm-raised deer and fish. This section does not permit the seizure by the department, or prohibit the possession or sale, of farm-raised deer or farm-raised fish.

AB100-ASA1, s. 1119m Section 1119m. 29.43 (5) (b) of the statutes is amended to read:

AB100-ASA1,518,2 29.43 (5) (b) Subsections (1) to (4) do not apply to the possession, transportation, delivery or receipt of farm-raised deer or farm-raised fish.

AB100-ASA1, s. 1119p Section 1119p. 29.44 (3) of the statutes is amended to read:

AB100-ASA1,518,5 29.44 (3) Subsection (1) does not apply to the possession, transportation, delivery or receipt of farm-raised deer or farm-raised fish.

AB100-ASA1, s. 1119s Section 1119s. 29.47 (7) (title) of the statutes is repealed and recreated to read:

AB100-ASA1,518,7 29.47 (7) (title) Exemptions.

AB100-ASA1, s. 1119t Section 1119t. 29.47 (7) of the statutes is renumbered 29.47 (7) (a).

AB100-ASA1, s. 1119u Section 1119u. 29.47 (7) (b) of the statutes is created to read:

AB100-ASA1,518,11 29.47 (7) (b) This section does not apply to the transportation, delivery, receipt or shipping of farm-raised fish.

AB100-ASA1, s. 1119w Section 1119w. 29.48 (1m) of the statutes is amended to read:

AB100-ASA1,518,14 29.48 (1m) Subsection (1) does not apply to farm-raised deer or farm-raised fish.

AB100-ASA1, s. 1119x Section 1119x. 29.48 (3) of the statutes is amended to read:

AB100-ASA1,518,20 29.48 (3) The eggs from trout and salmon that are not farm-raised fish and that are lawfully taken and possessed, when removed from the fish under this chapter are exempted from this section if removed from the fish. The whole fish shall be taken to the buyer of the eggs and the eggs removed in the presence of the buyer. The fish carcass shall be legally disposed of.

AB100-ASA1, s. 1120c Section 1120c. 29.49 (1) (a) (intro.) of the statutes is amended to read:

AB100-ASA1,518,25 29.49 (1) (a) (intro.) Except as provided in s. 29.52, no No innkeeper, manager or steward of any restaurant, club, hotel, boarding house, tavern, logging camp or mining camp may sell, barter, serve or give, or cause to be sold, bartered, served or given to the guests or boarders thereof:

AB100-ASA1, s. 1120e Section 1120e. 29.49 (3) of the statutes is amended to read:

AB100-ASA1,519,3 29.49 (3) Exemption. This section does not apply to the meat from farm-raised deer or from farm-raised fish.

AB100-ASA1, s. 1120g Section 1120g. 29.50 (title) of the statutes is repealed.

AB100-ASA1, s. 1120h Section 1120h. 29.50 of the statutes is renumbered 29.53 (3) (b) and amended to read:

AB100-ASA1,519,19 29.53 (3) (b) Nothing in the foregoing provisions concerning the protection of wild animals shall affect the operation of state hatcheries, the removal of fish which have died from natural causes or the removal of deleterious fish by the department or under its authority; or the propagation or transportation, collecting and transplanting of fish or fish fry by state authority; nor the transportation of fish into or through this state or out of it by the commissioners of fisheries of other states or of the United States; nor the operation of private fish hatcheries, or the propagation of fish in private waters, or the transportation and sale of fish therefrom as hereinafter provided; but the The department, or its agents and employes, shall may not furnish fish or fry from state hatcheries to private ponds, private clubs, corporations or preserves, and shall may not introduce, stock or plant them in the waters of the state where the general public is not allowed the rights and privileges enjoyed by any individual.

AB100-ASA1, s. 1120j Section 1120j. 29.51 (title) of the statutes is amended to read:

AB100-ASA1,519,21 29.51 (title) State propagation Propagation of fish; removal of fish.

AB100-ASA1, s. 1120k Section 1120k. 29.51 (1) of the statutes is renumbered 29.51 (1m), and 29.51 (1m) (intro.) and (e), as renumbered, are amended to read:

AB100-ASA1,520,3 29.51 (1m) (title) State fish hatcheries; fish management by state. (intro.) The department shall have general charge of the following matters for operating state fish hatcheries, and all necessary powers therefor, namely:

AB100-ASA1,520,12 (e) The Subject to s. 95.60, the receiving from the U.S. commissioners of fisheries, from the commissioners of fisheries of other states or from other persons of all spawn, fry fish eggs or fish donated to the state or purchased, and in the most practical ways, by exchange or otherwise, to procure, receive, distribute and dispose of spawn fish eggs and fish; to make contracts and carry on the same for the transportation of fish cars, cans, departmental officers and employes by land or water as is most advantageous to the state; and to take such other measures as in their judgment best promotes the abundant supply of food fishes in the waters of the state.

AB100-ASA1, s. 1120m Section 1120m. 29.51 (1b) of the statutes is created to read:

AB100-ASA1,520,15 29.51 (1b) Definition. In this section, "waters of the state" has the meaning given in s. 29.53 (1) (b) and (c).

AB100-ASA1, s. 1120n Section 1120n. 29.51 (2) of the statutes is amended to read:

AB100-ASA1,521,2 29.51 (2) Transplantation of fish. The department may take or cause to be taken fish at any time of the year from any waters of the state for stocking other waters or for the purpose of securing eggs for artificial propagation of the state. These fish or eggs may be taken only under a special permit issued by the department and only in the presence of the department or its wardens. This permit shall specify the kinds of fish that may be taken and the manner in which they may be taken. This permit is subject to the conditions that the holder pay for the services of and furnish free transportation and meals on his or her boat to a competent person approved by the department to spawn the fish and fertilize the eggs and that the eggs are delivered at the place designated by the department.

AB100-ASA1, s. 1120p Section 1120p. 29.51 (3) of the statutes is amended to read:

AB100-ASA1,521,13 29.51 (3) (title) Delivery of spawn fish eggs. Any person fishing in any waters of this the state shall deliver, on demand, to the department or its wardens or authorized agents, all kinds of fish, during the spawning season, for the purpose of being stripped of their eggs and milt; and the person receiving them shall, immediately after having stripped the fish, return them to the person from whom received. Any such person shall permit the department, or its wardens, or authorized agents to enter any boats, docks, grounds or other places where such fish may be, for the purpose of stripping the same while alive, and shall render such assistance as may be necessary to expedite the work of mixing the eggs and milt for proper impregnation.

AB100-ASA1, s. 1120q Section 1120q. 29.51 (4) of the statutes is amended to read:

AB100-ASA1,521,18 29.51 (4) (title) Removal of spawn fish eggs or fish from state. No person shall may remove any fish eggs or live fish from this state except as authorized by law, unless a permit therefor has been issued to the person by the department. This subsection does not apply to farm-raised fish.

AB100-ASA1, s. 1120r Section 1120r. 29.51 (5) of the statutes is amended to read:

AB100-ASA1,522,2 29.51 (5) (title) Unlawful fishing by employes Fishing for propagation purposes. No employe of the department, and no other person, while engaged in catching wild fish from the public waters of the state for purposes of artificial propagation, shall may take or have possession or control of any kind of fish other than those that the person has been directed, by the department, to take therefrom is authorized to possess or control under the person's approval authorizing fishing or that the person is otherwise authorized by the department to possess or control.

AB100-ASA1, s. 1120v Section 1120v. 29.513 (5) of the statutes is created to read:

AB100-ASA1,522,5 29.513 (5) A person using a navigable lake that is completely landlocked to rear farm-raised fish is exempt from the requirement of a permit under this section.

AB100-ASA1, s. 1120x Section 1120x. 29.52 of the statutes is repealed.

AB100-ASA1, s. 1124c Section 1124c. 29.521 of the statutes is created to read:

AB100-ASA1,522,13 29.521 Waters used in private fish hatcheries. Any area of water or water supply used as part of a private fish hatchery licensed under s. 29.52, 1995 stats., on the day before the effective date of this section .... [revisor inserts date], may continue to be used as part of a fish farm in the same manner and to the same extent that the area or supply was used on the day before the effective date of this section .... [revisor inserts date].

AB100-ASA1, s. 1124e Section 1124e. 29.53 of the statutes is created to read:

AB100-ASA1,522,15 29.53 Stocking of fish. (1) In this section:

AB100-ASA1,522,16 (a) "Fish" includes fish eggs.

AB100-ASA1,522,17 (b) "Waters of the state" does not include any of the following:

AB100-ASA1,522,18 1. An artificial body of water.

AB100-ASA1,522,20 2. A natural body of water that is used as part of a state or municipal fish hatchery.

AB100-ASA1,522,22 3. A natural body of water that is used as part of a fish farm, except as provided in par. (c).

AB100-ASA1,522,23 (c) Notwithstanding par. (b) 3., "waters of the state" includes a fishing preserve.

AB100-ASA1,522,25 (2) (a) No person may introduce, stock or plant any fish in the waters of the state unless all of the following apply:

AB100-ASA1,523,1 1. The person has a permit issued by the department.

AB100-ASA1,523,4 2. The person is in compliance with the applicable requirements under s. 95.60 (2) and (3) or the fish are acquired from a person who is in compliance with the applicable requirements.

AB100-ASA1,523,6 (b) A person applying for a permit under this section shall submit a written application to the department.