Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,329,22 635. Page 484, line 2: after that line insert:

SB55-ASA1-AA1,329,23 " Section 1161t. 29.053 (6) of the statutes is created to read:

SB55-ASA1-AA1,330,4 29.053 (6) Any season established by the department for the hunting of deer with firearms that starts in the month of November shall begin on the Saturday immediately preceding the Thanksgiving holiday and shall be for a period of 16 days.".

SB55-ASA1-AA1,330,5 636. Page 484, line 2: after that line insert:

SB55-ASA1-AA1,330,6 " Section 1161r. 29.053 (5) of the statutes is created to read:

SB55-ASA1-AA1,330,12 29.053 (5) The department shall establish an annual deer hunting season for the hunting of antlerless deer with firearms. The season shall begin each year on the Thursday that falls on October 22, or that is nearest to October 22, and shall be 4 days long. The department may establish additional deer hunting seasons for the hunting of antlerless deer with firearms, but may not establish any such season to begin or end in the month of December.".

SB55-ASA1-AA1,330,13 637. Page 484, line 2: after that line insert:

SB55-ASA1-AA1,330,14 " Section 1162d. 29.089 (title) of the statutes is amended to read:

SB55-ASA1-AA1,330,16 29.089 (title) Hunting and fishing on land in state parks and state fish hatcheries.

SB55-ASA1-AA1, s. 1162h Section 1162h. 29.089 (1) of the statutes is amended to read:

SB55-ASA1-AA1,330,19 29.089 (1) Except as provided in sub. subs. (3) and (4), no person may hunt or trap on land located in state parks or state fish hatcheries.

SB55-ASA1-AA1, s. 1162p Section 1162p. 29.089 (2) of the statutes is amended to read:

SB55-ASA1-AA1,330,24 29.089 (2) Except as provided in sub. subs. (3) and (4), no person may have in his or her possession or under his or her control a firearm on land located in state parks or state fish hatcheries unless the firearm is unloaded and enclosed within a carrying case.

SB55-ASA1-AA1, s. 1162t Section 1162t. 29.089 (3) of the statutes is amended to read:

SB55-ASA1-AA1,331,6 29.089 (3) A person may hunt deer, wild turkeys or small game in a state park, or in a portion of a state park, if the state park is open for the purpose of hunting under sub. (4) or if the department has authorized by rule 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 game.

SB55-ASA1-AA1, s. 1162w Section 1162w. 29.089 (4) of the statutes is created to read:

SB55-ASA1-AA1,331,12 29.089 (4) All land located in a state park shall be open for the purpose of hunting or fishing during the appropriate open season to the maximum extent possible if the state park in which the land is located has received any funding from the fish and wildlife account of the conservation fund at any time during the preceding 10 years.".

SB55-ASA1-AA1,331,13 638. Page 484, line 12: delete lines 12 to 22 and substitute:

SB55-ASA1-AA1,331,21 "2. For purposes of subd. 1., the southern portion of the state consists of the area that lies southward of a line beginning at the Menominee River where CTH "JJ" in Marinette County intersects the Menominee River that then runs westward along CTH "JJ" until it intersects STH 180, that then runs westward along STH 180 until it intersects USH 141, that then runs southward on USH 141 until it intersects STH 64, that then runs westward on STH 64 until it intersects STH 27, that then runs northward along STH 27 until it intersects USH 8, and that then runs westward on USH 8 until it reaches the Mississippi River.".

SB55-ASA1-AA1,331,22 639. Page 485, line 9: after that line insert:

SB55-ASA1-AA1,331,23 " Section 1169d. 29.219 (3) (c) of the statutes is amended to read:

SB55-ASA1-AA1,332,4 29.219 (3) (c) Use of fees. The department shall deposit receipts from the sale of resident 2-day sports fishing licenses under this subsection in into the conservation fund. The department shall credit 50% of these receipts to the appropriation under s. 20.370 (4) (1) (ku).

SB55-ASA1-AA1, s. 1169g Section 1169g. 29.228 (7) (c) of the statutes is amended to read:

SB55-ASA1-AA1,332,9 29.228 (7) (c) Use of fees. The department shall deposit receipts from the sale of nonresident 2-day sports fishing licenses under this subsection in into the conservation fund. The department shall credit 50% of these receipts to the appropriation under s. 20.370 (4) (1) (ku).

SB55-ASA1-AA1, s. 1169L Section 1169L. 29.229 (5r) of the statutes is amended to read:

SB55-ASA1-AA1,332,14 29.229 (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) (1) (hs).

SB55-ASA1-AA1, s. 1169n Section 1169n. 29.2295 (4) (c) of the statutes is amended to read:

SB55-ASA1-AA1,332,17 29.2295 (4) (c) 1. The department shall make the payments under this subsection from the appropriation under s. 20.370 (9) (hk) (1) (hg).

SB55-ASA1-AA1,332,20 2. If the amount appropriated under s. 20.370 (9) (hk) (1) (hg) is insufficient to make all of the payments under this subsection, the department shall make the remaining payments from the appropriation under s. 20.370 (9) (ht) (1) (hv).".

SB55-ASA1-AA1,332,22 640. Page 486, line 18: delete the material beginning with that line and ending with page 487, line 18.

SB55-ASA1-AA1,332,23 641. Page 488, line 7: after that line insert:

SB55-ASA1-AA1,332,24 " Section 1172c. 29.347 (1) (a) of the statutes is amended to read:

SB55-ASA1-AA1,333,3 29.347 (1) (a) "Law enforcement officer" means a conservation warden or any other law enforcement officer authorized by the department to issue tags for car kill deer.".

SB55-ASA1-AA1,333,4 642. Page 488, line 17: after that line insert:

SB55-ASA1-AA1,333,5 " Section 1184c. 29.424 (2) (b) of the statutes is amended to read:

SB55-ASA1-AA1,333,8 29.424 (2) (b) The department of agriculture, trade and consumer protection has requested that the department of natural resources fish, wildlife, parks, and forestry remove the fish to address a problem affecting fish health.

SB55-ASA1-AA1, s. 1184e Section 1184e. 29.503 (6) (b) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,333,15 29.503 (6) (b) (intro.) Inspection authority; entry; inspection. For the purpose of enforcing this subsection, a conservation warden or a representative of the department, upon presentation of his or her credentials to a wholesale fish dealer, a person operating a vehicle or boat for a wholesale fish dealer or an employee or person acting on behalf of a wholesale fish dealer, is authorized during any time when business is being conducted on the premises:

SB55-ASA1-AA1, s. 1184g Section 1184g. 29.506 (7) (a) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,333,19 29.506 (7) (a) Departmental authority; limitations. (intro.) A conservation warden may enter a taxidermist's place of business for inspection purposes as provided under par. (b) only:

SB55-ASA1-AA1, s. 1184j Section 1184j. 29.506 (7) (b) of the statutes is amended to read:

SB55-ASA1-AA1,334,2 29.506 (7) (b) Items subject to inspection. All records required under subs. (5) (b) and (6) or related to the taxidermist's business are subject to departmental inspection as provided under par. (a). A taxidermist or an employee or agent of the taxidermist shall cooperate with and exhibit items subject to inspection to a conservation warden or any other agent of the department.

SB55-ASA1-AA1, s. 1184m Section 1184m. 29.519 (4) (b) of the statutes is amended to read:

SB55-ASA1-AA1,334,8 29.519 (4) (b) Each member of a crew engaged in the setting, lifting or pulling of nets or other devices set under authority of a commercial fishing license shall carry the crew license on his or her person while so engaged and upon demand of any conservation warden shall exhibit the license. Persons using minnow seines and dip nets used for taking smelt and minnows are exempt from this subsection.

SB55-ASA1-AA1, s. 1184n Section 1184n. 29.519 (4) (c) of the statutes is amended to read:

SB55-ASA1-AA1,334,24 29.519 (4) (c) In case of illness or unavailability for good cause of a licensed crew member, an unlicensed person may work on a commercial fishing operation for a period not to exceed 48 hours under a temporary crew identification card, after which time he or she must obtain a crew license to engage in commercial fishing operations. Temporary crew identification cards shall be issued by the department to commercial fishing licensees for use as provided in this paragraph. Prior to use, the commercial licensee shall indicate on the temporary crew identification card the license number and name of the commercial fisher for whom the crew member will be working, the time and date the crew member commences work under the card and the crew member's name, address, description and his or her signature. The card shall be presented, upon request, to a conservation warden and must be in the possession of the crew member at all times while engaged in commercial fishing operations. The commercial fisher issuing the temporary crew identification card to an unlicensed person shall submit the card to the department with the commercial catch report submitted for the period in which work conducted under the card was performed.

SB55-ASA1-AA1, s. 1184p Section 1184p. 29.519 (6) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,335,4 29.519 (6) Inspection. (intro.) For purposes of enforcement of this section, conservation wardens or department employees duly authorized and designated by the secretary, upon presenting appropriate credentials to the licensee or agent in charge, are authorized:

SB55-ASA1-AA1, s. 1184r Section 1184r. 29.537 (6) (a) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,335,9 29.537 (6) (a) (intro.) Except as provided in par. (d), for purposes of enforcement of this section, conservation wardens or department employees authorized and designated by the secretary, upon presenting appropriate credentials to the licensee or agent in charge, are authorized to do all of the following:

SB55-ASA1-AA1, s. 1184t Section 1184t. 29.556 (3) of the statutes is amended to read:

SB55-ASA1-AA1,335,12 29.556 (3) Any fees collected under this section by the department shall be credited to the appropriation account under s. 20.370 (9) (hu) (1) (hw).".

SB55-ASA1-AA1,335,13 643. Page 488, line 17: after that line insert:

SB55-ASA1-AA1,335,14 " Section 1184m. 29.519 (2) (e) of the statutes is created to read:

SB55-ASA1-AA1,335,21 29.519 (2) (e) Retention of licenses. 1. A commercial fishing licensee who is authorized under the license to conduct commercial fishing operations in the waters of Green Bay may retain the license without conducting any commercial fishing operations as authorized under the license for one period of up to 7 consecutive years. During this period, the commercial fishing licensee may not be required to transfer the license, may not be required to invest in any fishing gear or equipment, and is exempt from paying the applicable fees for the license under s. 29.563.

SB55-ASA1-AA1,336,2 2. A commercial fishing licensee who conducts commercial fishing operations as authorized under the license in the waters of Green Bay may choose for one period of up to 7 consecutive years to be exempt from any minimum requirement on the amount of fish harvested that is established by the department and that applies to the licensee.".

SB55-ASA1-AA1,336,3 644. Page 488, line 20: after that line insert:

SB55-ASA1-AA1,336,4 " Section 1195m. 29.564 (2) of the statutes is amended to read:

SB55-ASA1-AA1,336,6 29.564 (2) All moneys collected under sub. (1) shall be deposited into the account under s. 20.370 (3) (1) (is).".

SB55-ASA1-AA1,336,7 645. Page 490, line 5: after that line insert:

SB55-ASA1-AA1,336,8 " Section 1199g. 29.601 (3) (b) of the statutes is amended to read:

SB55-ASA1-AA1,336,16 29.601 (3) (b) Paragraph (a) does not apply to authorized drainage and sewage from municipalities and industrial or other wastes discharged from mines or commercial or industrial or ore processing plants or operations, through treatment and disposal facilities installed and operated in accordance with plans submitted to and approved by the department of environmental management under chs. 281, 285 or 289 to 299, except s. 281.48, or in compliance with orders of the department of environmental management. Any order is subject to modification by subsequent orders.

SB55-ASA1-AA1, s. 1199m Section 1199m. 29.601 (4) of the statutes is amended to read:

SB55-ASA1-AA1,336,24 29.601 (4) Use of pesticides. The department of natural resources fish, wildlife, parks, and forestry, 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 about the pesticide. In promulgating the rules, the department to the extent relevant shall consider the need for pesticides to protect the well-being of the general public. "Pesticide" has the meaning given in s. 94.67.

SB55-ASA1-AA1, s. 1199r Section 1199r. 29.601 (5) (b) 2. of the statutes is amended to read:

SB55-ASA1-AA1,337,6 29.601 (5) (b) 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 of environmental management has issued a permit under s. 283.31 for the preexisting fish rearing facility.".

SB55-ASA1-AA1,337,7 646. Page 490, line 5: after that line insert:

SB55-ASA1-AA1,337,8 " Section 1197hm. 29.591 (3) of the statutes is amended to read:

SB55-ASA1-AA1,337,19 29.591 (3) Instruction fee. The department shall establish by rule the may not charge a fee for the course of instruction under the hunter education program and the bow hunter education program. The instructor shall collect this instruction fee from each person who receives instruction under the hunter education program and the bow hunter education program and remit the fee to the department. The department may determine the portion of this fee, which may not exceed 50%, that the instructor may retain to defray expenses incurred by the instructor in conducting the course. The instructor shall remit the remainder of the fee or, if nothing is retained, the entire fee to the department may reimburse instructors for allowable costs, as determined by the department, up to $5 for each person who receives instruction from that instructor.".

SB55-ASA1-AA1,337,20 647. Page 490, line 10: after that line insert:

SB55-ASA1-AA1,337,22 " Section 1200b. 29.604 (2) (am) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-ASA1-AA1,338,2 29.604 (2) (am) "State agency" means a board, commission, committee, department or office in the state government or the Fox River Navigational System Authority. "State agency" does not include the department of natural resources fish, wildlife, parks, and forestry or the office of the governor.

SB55-ASA1-AA1, s. 1200g Section 1200g. 29.604 (6r) (c) of the statutes is amended to read:

SB55-ASA1-AA1,338,12 29.604 (6r) (c) The department shall notify the state agency if the department determines that there is reasonable cause for the department to determine that an activity by the state agency is not being carried out in compliance with this subsection or with any environmental protection requirements developed through interagency consultation procedures. If the secretary of natural resources fish, wildlife, parks, and forestry and the head, as defined in s. 15.01 (8), of the state agency are unable to agree upon methods or time schedules to be used to correct the alleged noncompliance, the department may bring any action or initiate any other proceedings to enforce compliance with this subsection.

SB55-ASA1-AA1, s. 1201m Section 1201m. 29.705 (4) (b) of the statutes is amended to read:

SB55-ASA1-AA1,338,20 29.705 (4) (b) Paragraph (a) does not authorize the department of natural resources fish, wildlife, parks, and forestry to remove fish or fish eggs from a self-contained fish rearing facility or from a preexisting fish rearing facility that is an artificial body of water unless the department of agriculture, trade and consumer protection has requested that the department of natural resources fish, wildlife, parks, and forestry remove the fish or fish eggs to address a problem affecting fish health.".

SB55-ASA1-AA1,338,21 648. Page 490, line 17: after that line insert:

SB55-ASA1-AA1,338,23 " Section 1225m. 29.89 (1) (intro.) and (a) of the statutes are consolidated, renumbered 29.89 (1) and amended to read:

SB55-ASA1-AA1,339,4 29.89 (1) Definitions. In this section:, (a) "Charitable "charitable organization" means a nonprofit corporation, charitable trust or other nonprofit association that is described in section 501 (c) (3) of the Internal Revenue Code and that is exempt from taxation under section 501 (a) of the Internal Revenue Code.

SB55-ASA1-AA1, s. 1225r Section 1225r. 29.89 (1) (b) of the statutes is repealed.".

SB55-ASA1-AA1,339,6 649. Page 490, line 24: after that line insert:

SB55-ASA1-AA1,339,7 " Section 1228b. 29.89 (3) (c) of the statutes is repealed.".

SB55-ASA1-AA1,339,8 650. Page 491, line 19: after that line insert:

SB55-ASA1-AA1,339,9 " Section 1235b. 29.921 (7) of the statutes is amended to read:

SB55-ASA1-AA1,339,13 29.921 (7) Dogs injuring wildlife. A conservation warden may kill a dog found running, injuring, causing injury to, or killing, any deer, other than farm-raised deer, or destroying game birds, their eggs or nests, if immediate action is necessary to protect the deer or game birds, their nests or eggs, from injury or death.

SB55-ASA1-AA1, s. 1235m Section 1235m. 29.924 (2) of the statutes is amended to read:

SB55-ASA1-AA1,339,24 29.924 (2) Driving without headlights. In the performance of their law enforcement duties, conservation wardens may operate motor vehicles owned or leased by the department upon a highway, other than an interstate, a state trunk highway or any highway within the limits of any incorporated area, during hours of darkness without lighted headlamps, tail lamps or clearance lamps, contrary to s. 347.06, if the driving will aid in the accomplishment of a lawful arrest for violation of this chapter or in ascertaining whether a violation of this chapter has been or is about to be committed. Any civil action or proceeding brought against any conservation warden operating a motor vehicle under this subsection is subject to ss. 893.82 and 895.46.

SB55-ASA1-AA1, s. 1236g Section 1236g. 29.931 (2) (a) of the statutes is amended to read:

SB55-ASA1-AA1,340,13 29.931 (2) (a) The department and its conservation wardens shall seize and hold, subject to the order of the court for the county in which the alleged offense was committed, any vehicle, boat or object declared by this chapter to be a public nuisance, or which they have probable cause to believe is being used in violation of this chapter or s. 167.31, 287.81, 940.24, 941.20, 948.60, 948.605 or 948.61 or is being used in the commission of a crime relating to a submerged cultural resource in violation of s. 44.47. If it is proven that the vehicle, boat or object is a public nuisance or that within 6 months previous to the seizure the vehicle, boat or object was used in violation of this chapter or s. 167.31, 287.81, 940.24, 941.20, 948.60, 948.605 or 948.61 or was used in the commission of a crime relating to a submerged cultural resource in violation of s. 44.47, it shall be confiscated if the court directs in its order for judgment.