Amendment ASA1-AB768

AB768-ASA1,58,16 3. A taxidermist permit issued under s. 29.136 (2).

AB768-ASA1,58,17 4. A bait dealer license issued under s. 29.137.

AB768-ASA1,58,18 5. A guide license issued under s. 29.165.

AB768-ASA1,58,19 6. A sport trolling license issued under s. 29.166.

AB768-ASA1,58,20 7. A commercial fishing license issued under s. 29.33.

AB768-ASA1,58,21 8. A net license issued under s. 29.34.

AB768-ASA1,58,22 9. A slat net license issued under s. 29.343.

AB768-ASA1,58,23 10. A trammel net license issued under s. 29.344.

AB768-ASA1,58,24 11. A set or bank pole license issued under s. 29.36.

AB768-ASA1,58,25 12. A setline license issued under s. 29.37.

AB768-ASA1,59,1 13. A clamming license or permit issued under s. 29.38.

AB768-ASA1,59,2 14. A fish farm permit issued under s. 29.521.

AB768-ASA1,59,3 14m. A fish importation permit under s. 29.525.

AB768-ASA1,59,4 14r. A fish stocking permit under s. 29.53.

AB768-ASA1,59,5 15. A wild rice dealer license issued under s. 29.544 (4) (b).

AB768-ASA1,59,6 16. A wild ginseng dealer license issued under s. 29.547 (7).

AB768-ASA1,59,7 17. A license issued under s. 29.573.

AB768-ASA1,59,8 18. A game bird or animal farm license issued under s. 29.574.

AB768-ASA1,59,9 19. A fur animal farm license issued under s. 29.575.

AB768-ASA1,59,10 20. A deer farm license or a permit issued under s. 29.578.

AB768-ASA1,59,11 21. A wildlife exhibit license issued under s. 29.585.

AB768-ASA1,59,14 (b) Duplicates. For purposes of this subsection, an application for a duplicate of an approval specified in par. (a) shall be considered an application for the issuance of the approval.

AB768-ASA1,59,18 (c) Disclosure of numbers. The department of natural resources may not disclose any information received under par. (a) to any person except to the department of revenue for the sole purpose of making certifications required under s. 73.0301.

AB768-ASA1,59,23 (d) Denial and revocation. The department shall deny an application to issue or renew, or revoke if already issued, an approval specified in par. (a) if the applicant for or the holder of the approval fails to provide the information required under par. (a) or if the department of revenue certifies that the applicant or approval holder is liable for delinquent taxes under s. 73.0301.

AB768-ASA1, s. 65 Section 65. 29.134 (3) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

AB768-ASA1,60,3 29.134 (3) Licenses shall be issued, subject to s. 29.09 (11m) and (11r), by the department upon application. The form of application and license shall be prescribed by the department.

AB768-ASA1, s. 66 Section 66. 29.135 (3) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

AB768-ASA1,60,9 29.135 (3) Issuance. The department shall issue a wholesale fish dealer license to any person 18 years of age or older who applies for this license, if that person is not otherwise prohibited from being issued a license under s. 29.09 (11m) and (11r), 29.99 or 29.995.

AB768-ASA1, s. 66e Section 66e. 29.138 (3) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,60,15 29.138 (3) (a) For any approval issued under this section, the band shall collect the same amount that would be collected for the equivalent approval under s. 29.092, including the issuing fee under s. 29.092 (15). The band shall retain all of the fees collected under this paragraph, except as provided in sub. (5r).

AB768-ASA1, s. 66h Section 66h. 29.138 (5r) of the statutes is created to read:

AB768-ASA1,60,20 29.138 (5r) Fees to the department. The department may require that the band remit all of the fees collected under sub. (3) (a) to the department. If the department so requires, all of these fees shall be deposited in the conservation fund and credited to the appropriation account under s. 20.370 (9) (hs).

AB768-ASA1, s. 67 Section 67. 29.33 (2) (d) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

AB768-ASA1,61,9 29.33 (2) (d) Transfer of license. The department may, upon application, permit the transfer of a license to any similar boat during the time a licensed boat is disabled or undergoing repairs or upon the sale of a licensed boat. The department shall promulgate rules governing the transfer of commercial fishing licenses between individuals equally qualified to hold the licenses and to members of a licensee's immediate family provided the rules assure the wise use and conservation of the fish resources being harvested under the license. The rules shall relate only to those waters in which the number of licenses is limited. The commercial fishing boards, under sub. (7), shall approve or deny transfers of commercial fishing licenses in accordance with the rules promulgated under this section. For purposes of s. 29.09 (11m) and (11r), a transfer of a license under this section shall be considered an issuance of a license to the transferee.

AB768-ASA1, s. 68 Section 68. 29.50 (1) (e) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,61,12 29.50 (1) (e) The transportation and sale of farm-raised fish.

AB768-ASA1, s. 68f Section 68f. 29.51 (3m) (b) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,61,20 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.

AB768-ASA1, s. 68m Section 68m. 29.514 (1) (c) of the statutes is created to read:

AB768-ASA1,61,24 29.514 (1) (c) The registrant held a private fish hatchery license under s. 29.52, 1995 stats., on December 31, 1997, that applied to the body of water being registered as a private fishing preserve.

AB768-ASA1, s. 68s Section 68s. 29.521 (1) (c) 2. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,62,3 29.521 (1) (c) 2. A preexisting fish rearing facility that is barrier equipped.

AB768-ASA1, s. 69 Section 69. 29.521 (2) (a) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

AB768-ASA1,62,10 29.521 (2) (a) The department, subject to s. 29.09 (11m) and (11r), shall issue a permit under this subsection for a natural body of water specified under sub. (1) (c) 1. if the department determines that no substantial public interest exists in the body of water and that no public or private rights in the body of water will be damaged.

AB768-ASA1, s. 70 Section 70. 29.521 (2) (c) 1. of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

AB768-ASA1,62,17 29.521 (2) (c) 1. The department, subject to s. 29.09 (11m) and (11r), shall renew a permit issued under this subsection unless the department determines that there has been a substantial change in circumstances that is related to a determination made under par. (a) for the natural body of water or that is related to the application of the criteria promulgated under par. (f) to the body of water.

AB768-ASA1, s. 70g Section 70g. 29.522 of the statutes is created to read:

AB768-ASA1,62,21 29.522 Barriers required for fish farms. No person may use any body of water as a fish farm or as part of a fish farm unless the body of water is equipped with barriers that prevent the passage of fish between it and the other waters of the state.

AB768-ASA1, s. 70r Section 70r. 29.53 (1) (c) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,63,3 29.53 (1) (c) "Waters of the state" does not include self-contained fish rearing facilities or preexisting fish rearing facilities that are barrier equipped and that are artificial bodies of water or self-contained fish rearing facilities.

AB768-ASA1, s. 71 Section 71. 29.544 (3) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

AB768-ASA1,63,14 29.544 (3) License required exceptions; wild rice identification card. Every person over the age of 16 and under the age of 65 shall obtain the appropriate wild rice license to harvest or deal in wild rice but no license to harvest is required of the members of the immediate family of a licensee or of a recipient of old-age assistance or members of their immediate families. The department, subject to s. 29.09 (11m) and (11r), shall issue a wild rice identification card to each member of a licensee's immediate family, to a recipient of old-age assistance and to each member of the recipient's family. The term "immediate family" includes husband and wife and minor children having their abode and domicile with the parent or legal guardian.

AB768-ASA1, s. 71m Section 71m. 29.557 (3) of the statutes is amended to read:

AB768-ASA1,63,20 29.557 (3) A person may hunt deer or, wild turkeys or small game in a state park, or in a portion of a state park, designated by if the department has authorized by rule, for that type of the hunting of that type of game in the state park, or in the portion of the state park, and if the person holds the approvals required under this chapter for hunting that type of hunting game.

AB768-ASA1, s. 73 Section 73. 29.574 (3) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

AB768-ASA1,64,20 29.574 (3) Upon the filing of such declaration the department shall forthwith investigate the same and may require the applicant to produce satisfactory evidence of the facts therein stated. It will be necessary for the licensee to purchase all wild game within the boundaries of the proposed farm of the species designated in the license, and to effect this purpose the department thereupon shall appoint one member, the applicant one member, and these 2 shall select a 3rd member, the 3 to act as a board to go upon the lands embraced within the proposed license and determine as near as possible the number of wild birds and animals of the desired species thereon at the time of the issuing of the license. The necessary expenses of all of the members of such board shall be paid by the licensee. Within 30 days after the date of such determination as accepted by the department the licensee shall pay to the department a specified sum as may be determined by the department for those species of wild birds or wild animals on the lands that are desired for propagation purposes, the title of which rests in the state. If upon such examination it appears that the applicant is the owner or lessee of said lands, and the applicant intends in good faith to establish, operate and maintain a game bird and animal farm, subject to s. 29.09 (11m) and (11r), the department shall issue a license to the applicant describing such lands, and certifying that the licensee is lawfully entitled to use the same for the breeding, propagating, killing and selling of such game birds and animals thereon according to this section. When such license has been issued, the licensee shall become the owner of all such game birds or animals thereon of the species licensed and of all of their offspring actually produced thereon and remaining thereon, subject however to the jurisdiction of the department over all game.

AB768-ASA1, s. 74 Section 74. 29.575 (3) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

AB768-ASA1,65,5 29.575 (3) Upon the filing of such declaration the department shall investigate and may require the applicant to produce satisfactory evidence of the facts stated in the declaration. If it appears that the applicant is the owner or lessee of the lands, and that the applicant intends in good faith to establish, operate and maintain a fur animal farm, subject to s. 29.09 (11m) and (11r), the department shall issue a license to the applicant. The license shall describe the lands and shall certify that the licensee is entitled to use the same for dealing, breeding, propagating and trapping fur animals on the land described in the license.

AB768-ASA1, s. 76 Section 76. 29.578 (4) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

AB768-ASA1,65,25 29.578 (4) The licensee shall pay to the department $25 for each deer so found on such lands. When such payment has been made and the license issued, the licensee shall become the owner of all deer on said lands and of all their offspring. The licensee shall have the right to manage and control said lands and the deer thereon, to kill the deer, subject to s. 29.245, and to sell the deer as provided by this section. If upon examination it shall appear that the applicant is the owner or lessee of said lands, and that the applicant intends in good faith to establish, operate and maintain a deer farm, the department may inform the applicant that as soon as the applicant has built a suitable deer fence around the area to be included within the license, it will issue the same. Said deer-tight fence shall be built in accordance with specifications prescribed by the department; provided, the department may issue a license for such deer farms heretofore established if the fence actually inclosing said farm is in fact sufficient to hold deer therein. After the complete installation of such fence and after the department has satisfied itself that it is satisfactory and complies with the law, it may issue a license to the applicant describing such lands, and certifying that the licensee is lawfully entitled to use the same for the breeding, propagating, killing and selling of deer thereon according to this section. Section 29.09 (11m) and (11r) applies to the issuance of licenses under this subsection.

AB768-ASA1, s. 77 Section 77. 29.578 (5) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

AB768-ASA1,66,5 29.578 (5) The deer farm license shall be renewed each year, subject to s. 29.09 (11m) and (11r), if the licensee has not violated any of the provisions under which it was issued.

AB768-ASA1, s. 79 Section 79. 29.578 (14) (am) of the statutes, as affected by 1997 Wisconsin Acts 35 and .... (Senate Bill 494), is amended to read:

AB768-ASA1,66,10 29.578 (14) (am) Subject to s. 29.09 (11m) and (11r), the department may issue special retail deer sale permits authorizing a person to retail venison in the carcass from a deer lawfully killed under this section to any retailer of meats.

AB768-ASA1, s. 80 Section 80. 29.578 (14) (b) (intro.) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

AB768-ASA1,66,18 29.578 (14) (b) (intro.) Any person may serve venison obtained from a deer farm licensed under this section if the person has a venison serving permit from the department. The application for this permit shall be in the form and include the information the department requires. If the department after investigation is satisfied that the application is satisfactory, the department, subject to s. 29.09 (11m) and (11r), shall issue a venison serving permit conditioned as follows:

AB768-ASA1, s. 82ac Section 82ac. 29.598 (3) (cm) of the statutes is created to read:

AB768-ASA1,66,23 29.598 (3) (cm) List of participants. A county that administers the wildlife damage abatement program or the wildlife damage claim program shall maintain a list of participants in the program and shall make the list available for public inspection.

AB768-ASA1, s. 82ad Section 82ad. 29.598 (7m) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,67,9 29.598 (7m) (a) Requirements. A person who receives wildlife damage abatement assistance or wildlife damage claim payments and any other person who owns, leases or controls the land where the wildlife damage occurred shall permit hunting of the type of wild animals causing the wildlife damage on that land and on contiguous land under the same ownership, lease or control, subject to par. (ae). In order to satisfy the requirement to permit hunting under this subsection, the land shall be open to hunting during the appropriate open season. The county, with the assistance of the department, shall determine the acreage of land suitable for hunting.

AB768-ASA1, s. 82ae Section 82ae. 29.598 (7m) (ae) of the statutes is created to read:

AB768-ASA1,67,12 29.598 (7m) (ae) Conditions. 1. A hunter may hunt on land covered by par. (a) only if the hunter notifies the landowner of his or her intent to hunt on the land.

AB768-ASA1,67,14 2. A hunter may not bring a motor vehicle onto land covered by par. (a) without the permission of the landowner.

AB768-ASA1,67,16 3. A hunter may not use a stand located on land covered by par. (a) without the permission of the landowner.

AB768-ASA1,67,18 4. A landowner may deny a hunter access to land covered by par. (a) for reasonable cause, including any of the following:

AB768-ASA1,67,20 a. The presence of at least 2 hunters per 40 acres of eligible land when the hunter notifies the landowner that he or she intends to hunt on the land.

AB768-ASA1,67,21 b. The hunter appears to be intoxicated or unruly.

AB768-ASA1,67,22 c. The hunter causes property damage.

AB768-ASA1,67,24 d. The hunter fails to notify the landowner of his or her intent to hunt on the land or brings a motor vehicle onto the land without the permission of the landowner.

AB768-ASA1, s. 82ag Section 82ag. 29.62 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,68,6 29.62 (1) The department may take rough fish by means of seines, nets or other devices, or cause rough fish to be taken, from any of the waters of this state, other than waters in a self-contained fish rearing facility or in a preexisting fish rearing facility that is barrier equipped and that is an artificial body of water.

AB768-ASA1, s. 82aj Section 82aj. 30.103 of the statutes is created to read:

AB768-ASA1,68,13 30.103 Identification of ordinary high-water mark by town sanitary district. A town sanitary district may identify the ordinary high-water mark of a lake that lies wholly within unincorporated territory and wholly within the town sanitary district. The department may not identify an ordinary high-water mark of a lake that is different than the ordinary high-water mark identified by a town sanitary district under this section.

AB768-ASA1, s. 82am Section 82am. 36.05 (3) of the statutes is amended to read:

AB768-ASA1,68,16 36.05 (3) "Campus" means the publicly owned or leased buildings and grounds which comprise all or part of a university, a center an institution or the extension.

AB768-ASA1, s. 82b Section 82b. 36.05 (4) of the statutes is renumbered 36.05 (6m) and amended to read:

AB768-ASA1,68,20 36.05 (6m) "Center "College campus" means any one of the 2-year collegiate campuses of the system.

AB768-ASA1, s. 82c Section 82c. 36.05 (9) of the statutes is amended to read:

AB768-ASA1,68,23 36.05 (9) "Institution" means any university or an organizational equivalent designated by the board and the University of Wisconsin colleges.