Amendment AA8-ASA1-AB100

AB100-ASA1-AA8,99,3 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).".

AB100-ASA1-AA8,99,4 509. Page 490, line 16: after that line insert:

AB100-ASA1-AA8,99,5 " Section 1000L. 29.093 (8m) of the statutes is created to read:

AB100-ASA1-AA8,99,7 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.".

AB100-ASA1-AA8,99,8 510. Page 500, line 16: delete lines 16 to 22.

AB100-ASA1-AA8,99,9 511. Page 501, line 1: delete lines 1 to 3 and substitute:

AB100-ASA1-AA8,99,11 "29.137 (8) This section does not apply to bait produced in a private state or municipal fish hatchery licensed under s. 29.52 or to bait that is farm-raised fish.".

AB100-ASA1-AA8,99,12 512. Page 514, line 19: after that line insert:

AB100-ASA1-AA8,99,14 " Section 1099b. 29.24 of the statutes is renumbered 29.24 (1) (intro.) and amended to read:

AB100-ASA1-AA8,99,17 29.24 (1) (intro.) The owner or occupant of any land, and any member of his or her family, may hunt or trap beaver, coyotes, foxes, raccoons, woodchucks, rabbits and squirrels on the land without a license at any time, except that such as follows:

AB100-ASA1-AA8,99,20 (a) Such persons may not hunt any of these wild animals during the period of 24 hours prior to the opening date for deer hunting in those counties or parts of counties where an open season for hunting deer with firearms is established.

AB100-ASA1-AA8,99,23 (2) The owner or occupant of any land and any member of his or her family may take beaver, rabbits, raccoons and squirrels on the land at any time by means of live trapping with box traps in areas where the discharge of a firearm is unlawful illegal.

AB100-ASA1-AA8, s. 1099bn Section 1099bn. 29.24 (1) (b) of the statutes is created to read:

AB100-ASA1-AA8,100,3 29.24 (1) (b) Such persons may not hunt coyotes during an open season for hunting deer with firearms in an area that is closed by the department by rule to coyote hunting.".

AB100-ASA1-AA8,100,4 513. Page 514, line 22: after that line insert:

AB100-ASA1-AA8,100,5 " Section 1103n. 29.29 (4) of the statutes is amended to read:

AB100-ASA1-AA8,100,14 29.29 (4) Use of pesticides. The department of natural resources, after public hearing, may promulgate rules governing the use of any pesticide which it finds is a serious hazard to wild animals other than those it is intended to control, and the making of reports thereon. In making such determinations, the department to the extent relevant shall consider the need for pesticides to protect the well-being of the general public. It shall obtain the recommendation of the pesticide review board and such rules, other than rules to protect groundwater promulgated to comply with ch. 160, are not effective until approved by the pesticide review board. "Pesticide" has the meaning designated in s. 94.67.".

AB100-ASA1-AA8,100,15 514. Page 515, line 3: delete lines 3 to 5 and substitute:

AB100-ASA1-AA8,100,18 "29.29 (5) (b) 1. This section does not apply to toxicants placed in the waters of a self-contained fish rearing facility or a state or municipal fish hatchery if the toxicants are necessary to the operation of the fish farm or fish hatchery.

AB100-ASA1-AA8,100,22 2. This section does not apply to toxicants placed in the waters of a preexisting fish rearing facility that is an artificial body of water if the toxicants are necessary to the operation of the fish farm and the department has issued a permit under s. 283.31 for the preexisting fish rearing facility.".

AB100-ASA1-AA8,100,23 515. Page 515, line 8: after that line insert:

AB100-ASA1-AA8,100,24 " Section 1105m. 29.33 (4g) of the statutes is created to read:

AB100-ASA1-AA8,101,4 29.33 (4g) Prohibition against operating fish farms. No person who holds a commercial fishing or crew license issued under this section may operate a fish farm that contains a species of fish that the holder of the license is authorized to catch under this section or rules promulgated under this section.".

AB100-ASA1-AA8,101,5 516. Page 515, line 11: after that line insert:

AB100-ASA1-AA8,101,6 " Section 1108m. 29.34 (6) of the statutes is created to read:

AB100-ASA1-AA8,101,9 29.34 (6) No person who holds a net license may operate a fish farm that contains a variety of fish that the holder of the license is authorized to catch under this section or under rules promulgated under this section.".

AB100-ASA1-AA8,101,10 517. Page 515, line 24: after that line insert:

AB100-ASA1-AA8,101,11 " Section 1111m. 29.343 (6) of the statutes is created to read:

AB100-ASA1-AA8,101,14 29.343 (6) No person who holds a slat net license may operate a fish farm that contains a species of fish that the holder of the license is authorized to catch under this section or under rules promulgated under this section.

AB100-ASA1-AA8, s. 1111r Section 1111r. 29.344 (5) of the statutes is created to read:

AB100-ASA1-AA8,101,19 29.344 (5) No person who holds a trammel net license issued under this section may operate a fish farm that contains a species of fish that the holder of the license is authorized to catch under this section or under rules promulgated under this section.".

AB100-ASA1-AA8,101,20 518. Page 516, line 10: after that line insert:

AB100-ASA1-AA8,101,21 " Section 1115m. 29.36 (4) of the statutes is created to read:

AB100-ASA1-AA8,101,24 29.36 (4) No person who holds a set or bank pole license may operate a fish farm that contains a species of fish that the holder of the license is authorized to catch under this section or under rules promulgated under this section.".

AB100-ASA1-AA8,102,1 519. Page 516, line 19: after that line insert:

AB100-ASA1-AA8,102,2 " Section 1118m. 29.37 (5) of the statutes is created to read:

AB100-ASA1-AA8,102,6 29.37 (5) No person who holds a set line license issued under this section may operate a fish farm that contains a kind of fish that the holder of the license is authorized to catch under this section or under rules promulgated under this section.".

AB100-ASA1-AA8,102,8 520. Page 518, line 4: delete the material beginning with that line and ending with page 521, line 13, and substitute:

AB100-ASA1-AA8,102,9 " Section 1120hg. 29.50 (title) of the statutes is amended to read:

AB100-ASA1-AA8,102,10 29.50 (title) Propagation privileged of fish; protected wild animals.

AB100-ASA1-AA8, s. 1120hm Section 1120hm. 29.50 of the statutes is renumbered 29.50 (1) (intro.) and amended to read:

AB100-ASA1-AA8,102,14 29.50 (1) (intro.) Nothing in the foregoing provisions this chapter concerning the protection of wild animals shall affect the applies to any of the following:

AB100-ASA1-AA8,102,15 (a) The operation of state fish hatcheries, the.

AB100-ASA1-AA8,102,18 (b) 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 as authorized under this chapter.

AB100-ASA1-AA8,102,20 (c) The propagation or transportation, collecting and transplanting of fish or fish fry by state authority; nor the by the department.

AB100-ASA1-AA8,102,23 (d) 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.

AB100-ASA1-AA8,103,2 (e) The transportation and sale of fish therefrom as hereinafter provided; but the.

AB100-ASA1-AA8,103,6 (2) 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 waters where the general public is not allowed the rights and privileges enjoyed by any individual.

AB100-ASA1-AA8, s. 1120hr Section 1120hr. 29.50 (3) of the statutes is created to read:

AB100-ASA1-AA8,103,10 29.50 (3) An operator of a fish farm, or an employe of the operator, may capture turtles that are on the fish farm, transport them to different locations and release them into the wild.

AB100-ASA1-AA8, s. 1120jm Section 1120jm. 29.51 (title) of the statutes is repealed and recreated to read:

AB100-ASA1-AA8,103,12 29.51 (title) Propagation of fish; removal of fish.

AB100-ASA1-AA8, s. 1120km Section 1120km. 29.51 (1) (intro.) and (e) of the statutes are amended to read:

AB100-ASA1-AA8,103,16 29.51 (1) (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-AA8,103,25 (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-AA8, s. 1120np Section 1120np. 29.51 (2) of the statutes is amended to read:

AB100-ASA1-AA8,104,11 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. 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-AA8, s. 1120pm Section 1120pm. 29.51 (3) (title) of the statutes is amended to read:

AB100-ASA1-AA8,104,13 29.51 (3) (title) Delivery of spawn fish eggs.

AB100-ASA1-AA8, s. 1120qg Section 1120qg. 29.51 (3m) (title) of the statutes is created to read:

AB100-ASA1-AA8,104,15 29.51 (3m) (title) Destruction of fish eggs or fish.

AB100-ASA1-AA8, s. 1120qm Section 1120qm. 29.51 (3m) (b) of the statutes is created to read:

AB100-ASA1-AA8,104,22 29.51 (3m) (b) Paragraph (a) does not authorize the department of natural resources to remove fish or fish eggs from a self-contained fish rearing facility or from a preexisting fish rearing facility that is barrier equipped and that is an artificial body of water unless the department of agriculture, trade and consumer protection has requested that the department of natural resources remove the fish or fish eggs to address a problem affecting fish health.

AB100-ASA1-AA8, s. 1120qr Section 1120qr. 29.51 (4) of the statutes is amended to read:

AB100-ASA1-AA8,105,2 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 or eggs from farm-raised fish.

AB100-ASA1-AA8, s. 1120rg Section 1120rg. 29.51 (5) (title) of the statutes is repealed and recreated to read:

AB100-ASA1-AA8,105,5 29.51 (5) (title) Fishing for propagation purposes.

AB100-ASA1-AA8, s. 1120rm Section 1120rm. 29.51 (5) of the statutes is renumbered 29.51 (5) (intro.) and amended to read:

AB100-ASA1-AA8,105,13 29.51 (5) (intro.) No employe of the department, and no other person, while engaged in For the purposes of catching wild fish from the public waters for purposes of artificial propagation, shall or for introduction, stocking or planting in fish farms, no person 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. unless par. (a) or (b) applies:

AB100-ASA1-AA8, s. 1120rp Section 1120rp. 29.51 (5) (a) and (b) of the statutes are created to read:

AB100-ASA1-AA8,105,16 29.51 (5) (a) The person has the approvals required under this chapter to take, possess or control that kind of fish.

AB100-ASA1-AA8,105,18 (b) The person has been otherwise authorized by the department to take, possess or control that kind of fish.

AB100-ASA1-AA8, s. 1120vm Section 1120vm. 29.513 (5) of the statutes is created to read:

AB100-ASA1-AA8,105,22 29.513 (5) A person who is using a navigable lake that is a freeze-out pond as a fish farm, or as part of a fish farm, is exempt from obtaining a permit under this section.

AB100-ASA1-AA8, s. 1120vr Section 1120vr. 29.514 of the statutes is created to read:

AB100-ASA1-AA8,106,3 29.514 Private fishing preserves. (1) A single person may register with the department a natural, navigable, self-contained body of water as a private fishing preserve if all of the following apply:

AB100-ASA1-AA8,106,5 (a) All of the use and occupancy rights in the land that is riparian to the body of water are owned or leased by the registrant.

AB100-ASA1-AA8,106,8 (b) The registrant and any owner of the riparian land do not provide access to the body of water to the public by means of an easement or other right-of-way or by means of a business open to the public.

AB100-ASA1-AA8,106,10 (2) No lake association, corporation or other association that is formed to establish a private fishing preserve is eligible to register under this section.

AB100-ASA1-AA8,106,11 (3) A registration under this section is valid for one year.

AB100-ASA1-AA8,106,16 (4) A person who is fishing in a private fishing preserve is exempt from having any sport fishing approval issued under this chapter. No person may sell or trade fish that are caught in a private fishing preserve. No person may charge a fee for fishing in a private fishing preserve or a fee for an activity that includes the privilege of fishing in a private fishing preserve.

AB100-ASA1-AA8, s. 1120xm Section 1120xm. 29.52 of the statutes is repealed.

AB100-ASA1-AA8, s. 1124d Section 1124d. 29.521 of the statutes is created to read:

AB100-ASA1-AA8,106,20 29.521 Natural waters used in fish farms. (1) No person may use a natural body of water as a fish farm or as part of a fish farm unless all of the following apply:

AB100-ASA1-AA8,106,22 (a) The land that is riparian to the body of water is owned, leased or controlled by the owners of the fish farm.

AB100-ASA1-AA8,107,2 (b) None of the owners of the fish farm or of the riparian land provides access to the body of water to the public by means of an easement or other right-of-way or by means of a business open to the public, except that the owners of the fish farm may allow fishing by the public for a fee.

AB100-ASA1-AA8,107,3 (c) The body of water is one of the following:

AB100-ASA1-AA8,107,4 1. A freeze-out pond.

AB100-ASA1-AA8,107,5 2. A preexisting fish rearing facility that is barrier equipped.