Amendment ASA1-AB61

AB61-ASA1, s. 57 Section 57. 29.1085 (title) of the statutes is amended to read:

AB61-ASA1,11,5 29.1085 (title) Bear harvest permits licenses.

AB61-ASA1, s. 58 Section 58. 29.1085 (1) of the statutes is renumbered 29.1085 (1m).

AB61-ASA1, s. 59 Section 59. 29.1085 (1b) of the statutes is created to read:

AB61-ASA1,11,11 29.1085 (1b) Definition. Notwithstanding s. 29.01 (8), in this section "hunt bear" means to shoot, shoot at, take, catch or kill a bear or pursue, with or without the use of dogs, a bear for the purpose of shooting, shooting at, taking, catching or killing the bear.

AB61-ASA1, s. 60 Section 60. 29.1085 (2) (title) of the statutes is repealed and recreated to read:

AB61-ASA1,11,13 29.1085 (2) (title) Licenses; prohibitions; authorization.

AB61-ASA1, s. 61 Section 61. 29.1085 (2) (a) of the statutes is repealed and recreated to read:

AB61-ASA1,11,16 29.1085 (2) (a) Prohibition. Except as authorized under a Class A bear license or a Class B bear license and under sub. (2m), no person may do any of the following:

AB61-ASA1,11,17 1. Hunt bear.

AB61-ASA1,11,19 2. Assist a person in hunting bear by tracking bear, trailing bear or engaging in any other activity to locate bear.

AB61-ASA1,11,20 3. Bait bear.

AB61-ASA1,11,22 4. Train a dog to track bear, to trail bear or to otherwise engage in any activity that contributes to locating bear.

AB61-ASA1, s. 62 Section 62. 29.1085 (2) (am) of the statutes is created to read:

AB61-ASA1,12,3 29.1085 (2) (am) Evidence of bear hunting. The fact that a person is observing a bear while possessing a firearm is not sufficient evidence to prove that the person holding the firearm is hunting bear.

AB61-ASA1, s. 63 Section 63. 29.1085 (2) (b) of the statutes is repealed.

AB61-ASA1, s. 64 Section 64. 29.1085 (2) (bg) of the statutes is created to read:

AB61-ASA1,12,8 29.1085 (2) (bg) Authorization; Class A bear license. A Class A bear license authorizes a resident or nonresident holder of the license to hunt bear and to exercise all of the privileges of a Class B bear license.

AB61-ASA1, s. 65 Section 65. 29.1085 (2) (br) of the statutes is created to read:

AB61-ASA1,12,11 29.1085 (2) (br) Authorization; Class B bear license. A Class B bear license authorizes a resident or nonresident holder of the license to do only the following:

AB61-ASA1,12,14 1. Assist a holder of a Class A bear license in hunting bear by tracking bear, trailing bear or otherwise engaging in an activity that contributes to locating bear and that is authorized by rule by the department.

AB61-ASA1,12,15 2. Bait bear.

AB61-ASA1,12,17 3. Train a dog to track bear, to trail bear or to otherwise engage in an activity that contributes to locating bear and that is authorized by rule by the department.

AB61-ASA1, s. 66 Section 66. 29.1085 (2) (c) of the statutes is repealed.

AB61-ASA1, s. 67 Section 67. 29.1085 (2g) of the statutes is created to read:

AB61-ASA1,12,23 29.1085 (2g) Use of dogs. While a person is using a dog to hunt bear or to engage in any of the activities specified in sub. (2) (br) 1. to 3., the person shall keep on his or her person any tag required for the dog under s. 95.21 (2) (f), 174.053 (2) or 174.07 (1) (e).

AB61-ASA1, s. 68 Section 68. 29.1085 (2m) of the statutes is created to read:

AB61-ASA1,13,3 29.1085 (2m) Exemption. A person under the age of 12 years may engage in the activities authorized under sub. (2) (br) 1. to 3. without holding a Class B bear license.

AB61-ASA1, s. 69 Section 69. 29.1085 (3) (a) of the statutes is amended to read:

AB61-ASA1,13,9 29.1085 (3) (a) A person who seeks a Class A or Class B bear harvest permit shall hold a bear hunting license valid for the applicable bear hunting season at the time of application and shall apply to the department on forms provided by the department. The department may specify information to be included in the application and other requirements and procedures for application.

AB61-ASA1, s. 70 Section 70. 29.1085 (3) (b) of the statutes is amended to read:

AB61-ASA1,14,2 29.1085 (3) (b) (title) Continuous Cumulative preference system; random selection. If the number of qualified applications for Class A bear harvest permits licenses exceeds the number of available permits licenses, the department shall select applicants to be issued Class A bear harvest permits licenses based upon a continuous cumulative preference system. This system shall establish preference categories for those applicants who applied for but did not receive a who were not issued Class A bear licenses or bear harvest permit permits under s. 29.1085 (3) (b), 1993 stats., in the previous season, with the highest preference category for those who applied for but did not receive the permit in the most consecutive preceding seasons have the most preference points. The department shall give a preference point to each applicant who applies for a given season and who is not selected or who is selected but declines to pay the required fee for a Class A bear license. Applicants who fail to apply at least once during any 3 consecutive years shall lose all previously accumulated preference points. The department shall select at random the applicants to be issued Class A bear harvest permits licenses within each preference category.

AB61-ASA1, s. 71 Section 71. 29.1085 (3) (c) of the statutes is renumbered 29.1085 (3) (c) 1. and amended to read:

AB61-ASA1,14,8 29.1085 (3) (c) 1. The department shall issue a notice of approval to those qualified applicants selected to receive a Class A bear harvest permit license. A person who receives a notice of approval and who pays the required fee as required by the department shall be issued a bear harvest permit the license.

AB61-ASA1, s. 72 Section 72. 29.1085 (4) of the statutes is amended to read:

AB61-ASA1,14,13 29.1085 (4) Use of fees. Fees received from the issuance of bear harvest permits licenses under this section shall be paid into the conservation fund to be used for administering bear hunting licenses and bear harvest permits and for bear management activities.

AB61-ASA1, s. 73 Section 73. 29.1085 (5) of the statutes is amended to read:

AB61-ASA1,14,18 29.1085 (5) Carcass tag. The department shall issue a bear carcass tag to each person who is issued a Class A bear harvest permit license. A person who kills a bear shall immediately validate and attach the carcass tag to the bear. The carcass tag shall be attached and validated according to rules promulgated by the department.

AB61-ASA1, s. 74 Section 74. 29.1085 (5g) of the statutes is created to read:

AB61-ASA1,14,23 29.1085 (5g) Back tag. (a) The department shall issue a back tag to each person who is issued a Class A bear license, and the department or county clerk shall issue a back tag to each person who is issued a Class B bear licence. The back tag shall be in the form and numbered as required by the department.

AB61-ASA1,15,2 (b) No person may hunt bear or engage in the activity specified in sub. (2) (br) 1. or 3. unless there is attached to the center of the person's coat, shirt, jacket or similar outermost garment where it can clearly be seen the back tag issued to the person under par. (a).

AB61-ASA1, s. 75 Section 75. 29.109 (title) of the statutes is repealed.

AB61-ASA1, s. 76 Section 76. 29.109 (1) (title) of the statutes is repealed.

AB61-ASA1, s. 77 Section 77. 29.109 (1) of the statutes is renumbered 29.1085 (3) (c) 2. and amended to read:

AB61-ASA1,15,9 29.1085 (3) (c) 2. A resident Class B bear hunting license shall be issued subject to s. 29.09 by the department or by a county clerk to any resident applying who applies for this license and who pays the required fee.

AB61-ASA1, s. 78 Section 78. 29.109 (2) of the statutes is repealed.

AB61-ASA1, s. 79 Section 79. 29.109 (3) of the statutes is repealed.

AB61-ASA1, s. 80 Section 80. 29.114 of the statutes is repealed.

AB61-ASA1, s. 81 Section 81. 29.1475 (2) of the statutes is amended to read:

AB61-ASA1,15,21 29.1475 (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, resident deer hunting license, resident wild turkey hunting license, resident bear hunting license, resident archer hunting license, waterfowl hunting stamp, pheasant hunting stamp, a wild turkey hunting stamp, resident annual fishing license, sturgeon spearing license, an inland waters trout stamp, a Great Lakes trout and salmon stamp and trapping license.

AB61-ASA1, s. 82 Section 82. 29.1475 (2m) of the statutes is amended to read:

AB61-ASA1,16,5 29.1475 (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, nonresident deer hunting license, nonresident wild turkey hunting license, nonresident bear hunting license, nonresident archer hunting license, waterfowl hunting stamp, pheasant hunting stamp, a wild turkey hunting stamp, nonresident annual fishing license, sturgeon spearing license, an inland waters trout stamp and a Great Lakes trout and salmon stamp.

AB61-ASA1, s. 83 Section 83. 29.245 (3) (b) 3. of the statutes is amended to read:

AB61-ASA1,16,8 29.245 (3) (b) 3. To a person authorized by the department to conduct a game census or to observe bear for educational purposes.

AB61-ASA1, s. 84 Section 84. 29.245 (5) (b) 1. of the statutes is amended to read:

AB61-ASA1,16,12 29.245 (5) (b) 1. To a peace officer on official business, an employe of the department on official business or a person authorized by the department to conduct a game census or to observe bear for educational purposes.

AB61-ASA1, s. 85 Section 85. 29.99 (11m) (a) of the statutes is amended to read:

AB61-ASA1,16,22 29.99 (11m) (a) For shooting, shooting at, killing, taking, catching or possessing a bear without a valid Class A bear harvest permit license, or for possessing a bear which does not have a carcass tag attached or possessing a bear during the closed season, by a fine of not less than $1,000 nor more than $2,000 or by imprisonment for not more than 6 months or both for the first violation, or by a fine of not more than $5,000 or imprisonment for not more than one year or both for any subsequent violation, and, in addition, the court shall revoke all hunting approvals issued to the person under this chapter and shall prohibit the issuance of any new hunting approval under this chapter to the person for 3 years.

AB61-ASA1, s. 86 Section 86. 29.99 (11m) (b) of the statutes is amended to read:

AB61-ASA1,17,3 29.99 (11m) (b) Except as provided under par. (a), for the violation of any provision of this chapter or any department rule promulgated under this chapter relating to bear hunting, to the activities specified in s. 29.1085 (2) (br) 1. to 3. or to the validation of a bear carcass tag or registration of a bear, by a forfeiture of not more than $1,000.

AB61-ASA1, s. 87 Section 87. 29.99 (11m) (c) of the statutes is created to read:

AB61-ASA1,17,10 29.99 (11m) (c) Any person who is convicted of hunting bear or engaging in any of the activities under s. 29.1085 (2) (br) with a dog that is not in compliance with s. 29.1085 (2g) or the licensing requirements under s. 174.053 or 174.07 may have his or her Class A or Class B bear hunting license revoked; and if the license is revoked, no Class A or Class B bear hunting license may be issued to the person for a period of 3 years after the date of conviction.

AB61-ASA1, s. 88 Section 88 . Nonstatutory provisions.

AB61-ASA1,17,17 (1) Bear hunting approvals. The department of natural resources shall treat bear hunting licenses issued under sections 29.109 and 29.114 of the statutes after March 31, 1997, and before the effective date of this subsection as Class B bear licenses issued under section 29.1085 of the statutes, as affected by this act, until the licenses expire on March 31, 1998. Holders of these licenses shall comply with section 29.1085 of the statutes, as affected by this act.

AB61-ASA1,17,23 (2)  Report on fish hatchery operations. Before September 1, 1997, the department of natural resources shall submit a report that analyzes options for increased integration of private fish hatchery operations in the state fish stocking program to the governor, to the joint committee on finance, and to the chief clerk of each house for distribution to the appropriate standing committees in the manner provided under section 13.172 (3) of the statutes.

AB61-ASA1,18,5 (3)  Report on funding for fish and wildlife account. Before January 1, 1998, the department of natural resources shall submit a report that analyzes options for alternative funding sources for the fish and wildlife account in the conservation fund to the governor, to the joint committee on finance, and to the chief clerk of each house for distribution to the appropriate standing committees in the manner provided under section 13.172 (3) of the statutes. The report shall include recommendations as to the preferable options for the alternative funding sources.

AB61-ASA1, s. 89 Section 89 . Initial applicability.

AB61-ASA1,18,7 (1) Fish and game licenses and stamps.

AB61-ASA1,18,11 (a) The treatment of section 29.092 (2) (a), (c), (e), (f), (g), (h), (j), (k) and (m), (3) (a), (b), (c), (h), (i), (j), (k), (L) and (m), (3v) (a) 1. and 2. and (b), (4) (a), (am), (b) and (bn), (6) (a), (7) (a) 4. and (b) 5. and (13) (a), (b), (c) and (d) of the statutes first applies to licenses and stamps issued on the effective date of this paragraph.

AB61-ASA1,18,13 (b) The treatment of section 29.092 (2) (em) and (kd) of the statutes first applies to licenses issued on the effective date of this paragraph.

AB61-ASA1,18,16 (2) Wildlife damage surcharge. The treatment of section 29.092 (14) (am) and (b) of the statutes first applies to conservation patron licenses that are issued on the effective date of this subsection.

AB61-ASA1,18,19 (3) Bear hunting approvals. The treatment of section 29.092 (2) (d), (i), (kg) and (kr) of the statutes first applies to bear hunting approvals issued on the effective date of this subsection.

AB61-ASA1, s. 90 Section 90. Effective dates. This act takes effect on April 1, 1997, or on the day after publication, whichever is later, except as follows:

AB61-ASA1,18,24 (1) Wild turkey licenses. The treatment of sections 29.092 (2) (em) and (kd) of the statutes and Section 89 (1) (b ) of this act take effect on July 1, 1997, or on the day after publication, whichever is later.

AB61-ASA1,19,7 (2) Bear hunting approvals. The treatment of sections 29.01 (8), 29.09 (9m) (a) 8., 29.092 (2) (d), (i), (kg), (kr), (om) and (or), (13) (cm), (13m) (a) and (14) (a), 29.093 (2) (cm), 29.1085 (title), (1), (1b), (2) (title), (a), (am), (b), (bg), (br) and (c), (2g), (2m), (3) (a) and (b), (4), (5) and (5g), 29.109 (title), (1) (title), (2) and (3), 29.114, 29.1475 (2) and (2m) and 29.99 (11m) (a), (b) and (c) of the statutes and the renumbering and amendment of sections 29.1085 (3) (c) and 29.109 (1) of the statutes and Sections 88 (1) and 89 (3) of this act take effect on October 15, 1997.

AB61-ASA1,19,8 (End)