Amendment SSA1-SB40

SB40-SSA1, s. 712r Section 712r. 29.428 of the statutes is created to read:

SB40-SSA1,449,2 29.428 Catch and release muskellunge fishing. (1) The department shall establish a fishing season that authorizes catch and release muskellunge fishing on inland waters north of USH 10 other than the boundary waters between this state and the state of Michigan. The catch and release muskellunge fishing season established under this section shall begin on the first day of the general fishing season established by the department and shall end on the day before the first day of the regular muskellunge fishing season established by the department.

SB40-SSA1,449,5 (2) No person may use any hook, bait, or lure, other than an artificial lure that has a barbless hook, while fishing during the catch and release muskellunge fishing season established by the department under sub. (1).

SB40-SSA1, s. 713 Section 713. 29.535 of the statutes is created to read:

SB40-SSA1,449,9 29.535 Shovelnose sturgeon permit. (1) The department shall issue, subject to s. 29.024, an annual shovelnose sturgeon permit to any resident who applies for the permit and who holds at least one of the following licenses:

SB40-SSA1,449,10 (a) A net license issued under s. 29.523.

SB40-SSA1,449,11 (b) A trammel net license issued under s. 29.529.

SB40-SSA1,449,12 (c) A set or bank pole license issued under s. 29.531.

SB40-SSA1,449,13 (d) A setline license issued under s. 29.533.

SB40-SSA1,449,15 (2) An annual shovelnose sturgeon permit authorizes the permit holder to harvest shovelnose sturgeon and their eggs.

SB40-SSA1,449,19 (3) A person who holds an annual shovelnose sturgeon permit shall report to the department, on forms provided by the department, on or before the 10th day of each month, the number of pounds of shovelnose sturgeon eggs harvested during the preceding calendar month.

SB40-SSA1,449,21 (4) The department shall deposit receipts from the sale of permits under this section in the conservation fund.

SB40-SSA1, s. 713g Section 713g. 29.563 (2) (a) 4. of the statutes is amended to read:

SB40-SSA1,449,24 29.563 (2) (a) 4. Small game issued to 12-year-olds to 17-year-olds persons who are younger than 18 years of age: $6.25.

SB40-SSA1, s. 713m Section 713m. 29.563 (2) (a) 5g. of the statutes is amended to read:

SB40-SSA1,450,2 29.563 (2) (a) 5g. Deer issued to 12-year-olds to 17-year-olds persons who are younger than 18 years of age: $17.25.

SB40-SSA1, s. 714m Section 714m. 29.563 (2) (a) 8m. of the statutes is amended to read:

SB40-SSA1,450,5 29.563 (2) (a) 8m. Archer issued to 12-year-olds to 17-year olds persons who are younger than 18 years of age: $17.25.

SB40-SSA1, s. 715d Section 715d. 29.563 (2m) of the statutes is amended to read:

SB40-SSA1,450,10 29.563 (2m) Hunting approvals for certain nonresidents. The fees for hunting approvals for a 12 to 17 year-old person who is younger than 18 years of age, who is not a resident, and who exhibits proof that his or her parent is a resident shall be the same as the fees for hunting approvals for residents under sub. (2) (a) and (c).

SB40-SSA1, s. 715h Section 715h. 29.563 (4) (a) 1m. of the statutes is amended to read:

SB40-SSA1,450,14 29.563 (4) (a) 1m. Sports issued to 12-year-olds to 17-year-olds persons who are younger than 18 years of age: $32.25 or a greater amount at the applicant's option.

SB40-SSA1, s. 715m Section 715m. 29.563 (4) (a) 2m. of the statutes is amended to read:

SB40-SSA1,450,18 29.563 (4) (a) 2m. Conservation patron issued to 12-year-olds to 17-year-olds persons who are younger than 18 years of age: $70.25 or a greater amount at the applicant's option.

SB40-SSA1, s. 715p Section 715p. 29.563 (4) (b) 1m. of the statutes is amended to read:

SB40-SSA1,450,22 29.563 (4) (b) 1m. Sports issued to 12-year-olds to 17-year-olds persons who are younger than 18 years of age: $33.25 or a greater amount at the applicant's option.

SB40-SSA1, s. 715t Section 715t. 29.563 (4) (b) 2m. of the statutes is amended to read:

SB40-SSA1,451,3 29.563 (4) (b) 2m. Conservation patron issued to 12-year-olds to 17-year-olds persons who are younger than 18 years of age: $72.25 or a greater amount at the applicant's option.

SB40-SSA1, s. 716 Section 716. 29.563 (7) (c) 5g. of the statutes is created to read:

SB40-SSA1,451,5 29.563 (7) (c) 5g. Shovelnose sturgeon permit: $50.

SB40-SSA1, s. 717b Section 717b. 29.592 of the statutes is created to read:

SB40-SSA1,451,11 29.592 Hunting mentorship program. (1) A person who is at least 12 years of age, or the age specified by the department by rule under sub. (5), whichever age is lower, may hunt in this state without obtaining a certificate of accomplishment under s. 29.591 and may, while hunting, possess or control a firearm if all of the following apply:

SB40-SSA1,451,13 (a) At all times when hunting, the person is within arm's reach of a mentor who meets the qualifications under sub. (2).

SB40-SSA1,451,14 (b) The person holds a hunting approval.

SB40-SSA1,451,16 (2) No person may serve as a qualified mentor for a hunter unless the person meets all of the following requirements:

SB40-SSA1,451,17 (a) The person is 18 years of age or older.

SB40-SSA1,451,21 (b) The person is the parent or guardian of the person for whom he or she is serving as a mentor or is authorized by the parent or guardian to serve as a mentor. This requirement does not apply to a person serving as a mentor for a person who is 18 years of age or older.

SB40-SSA1,451,23 (c) At all times when serving as a mentor, the person is within arm's reach of the person for whom he or she is serving as a mentor.

SB40-SSA1,452,2 (d) The person has been issued a certificate of accomplishment under s. 29.591, or under s. 29.595 if the person is serving as a mentor for hunting elk, unless the person was born before January 1, 1973, and is not required to obtain a certificate of accomplishment.

SB40-SSA1,452,3 (e) The person holds a current valid hunting approval.

SB40-SSA1,452,5 (3) A mentor under this section may take only one person, for whom he or she is serving as a mentor, hunting at a time.

SB40-SSA1,452,10 (4) The department shall issue to each person to whom the department issues a hunting approval a pamphlet, developed by the department, that contains hunter safety information if the person is not required to obtain a certificate of accomplishment under s. 29.591 and is authorized to hunt with a mentor under this section.

SB40-SSA1,452,12 (5) The department may promulgate rules lowering the minimum age specified in sub. (1) for purposes of this section.

SB40-SSA1, s. 717d Section 717d. 29.593 (1) (a) of the statutes is amended to read:

SB40-SSA1,452,16 29.593 (1) (a) Except as provided under subs. (2), (2m) and (3) and s. 29.592 (1), no person born on or after January 1, 1973, may obtain any approval authorizing hunting unless the person is issued a certificate of accomplishment under s. 29.591.

SB40-SSA1, s. 717g Section 717g. 30.133 (1) of the statutes is amended to read:

SB40-SSA1,452,24 30.133 (1) (a) Beginning on April 9, 1994, and except as provided in s. 30.1355, no owner of riparian land that abuts a navigable water may convey, by grant by an easement or by a similar conveyance, any riparian right in the land to another person, except for the right to cross the land in order to have access to the navigable water. This right to cross the land may not include the right to place any structure or material, including a boat docking facility, as defined in s. 30.1335 (1) (a), in the navigable water.

SB40-SSA1, s. 717r Section 717r. 30.1335 of the statutes is created to read:

SB40-SSA1,453,1 30.1335 Marina condominiums. (1) Definitions. In this section:

SB40-SSA1,453,3 (a) "Boat docking facility" means a pier, wharf, boat slip, or multi-boat-slip facility.

SB40-SSA1,453,4 (b) "Common element" has the meaning given in s. 703.02 (2).

SB40-SSA1,453,5 (c) "Condominium" has the meaning given in s. 703.02 (4).

SB40-SSA1,453,6 (d) "Condominium unit" has the meaning given for "unit" in s. 703.02 (15).

SB40-SSA1,453,7 (e) "Declarant" has the meaning given in s. 703.02 (7).

SB40-SSA1,453,8 (f) "Declaration" has the meaning given in s. 703.02 (8).

SB40-SSA1,453,10 (h) "Dwelling" means a structure or part of a structure that is used or intended to be used as a home or residence by one or more persons to the exclusion of all others.

SB40-SSA1,453,11 (i) "Limited common element" has the meaning given in s. 703.02 (10).

SB40-SSA1,453,14 (j) "Marina condominium" means a condominium in which the common elements, limited common elements, or condominium units consist of or include boat docking facilities and to which either or both of the following apply:

SB40-SSA1,453,15 1. One or more of the boat docking facilities is not appurtenant to a dwelling.

SB40-SSA1,453,16 2. None of the condominium units are dwellings.

SB40-SSA1,453,21 (2) Prohibition. No owner of riparian land may create a marina condominium on the riparian land on or after June 1, 2007. Any declaration for a marina condominium that is recorded on or after June 1, 2007, is invalid and establishes ownership of the riparian land as a tenancy in common that is held by the owners of the marina condominium units.

SB40-SSA1,453,25 (3) Existing marina condominiums. (a) Notwithstanding sub. (2), a declaration that creates or purports to create a marina condominium and that is recorded before June 1, 2007, shall be effective in creating the marina condominium regardless of subsequent activity affecting the declaration.

SB40-SSA1,454,6 (b) If a marina condominium as described par. (a) contains more than 300 boat slips, the declarant shall make at least 40 percent of the total number of boat slips in the marina condominium available for rent or for transient use by the public. When the declarant conveys title to, or another interest in, a condominium unit that is affected by this restriction on use, the declarant shall include a statement of the restriction in the instrument of conveyance.

SB40-SSA1,454,19 (4) Validity of permits. (a) For a marina that is converted into a marina condominium, if the owner of the marina is issued a permit or other authorization under this subchapter to place, maintain, or use a boat docking facility before the date that a declaration was recorded converting the marina into a marina condominium, the permit or authorization shall be deemed to satisfy the requirements of this subchapter and may not be rescinded or modified by the department or a municipality or by court or administrative order if the grounds for the rescission or modification are based on the fact that the marina has been converted to a marina condominium. The permit or authorization shall remain in effect regardless of any subsequent activity affecting the declaration. This paragraph does not apply to any permit or authorization that is issued after the date that the declaration was recorded converting the marina into a marina condominium.

SB40-SSA1,455,3 (b) For a marina condominium that was not previously a marina, if the owner of a marina condominium is issued a permit or other authorization under this subchapter to place, maintain, or use a boat docking facility, the permit or authorization shall be deemed to satisfy the requirements of this subchapter and may not be rescinded or modified by the department or a municipality or by court or administrative order if the grounds for the rescission or modification are based on the fact that the boat docking facility is part of a marina condominium as opposed to a marina. The permit or authorization shall remain in effect regardless of any subsequent activity affecting the declaration.

SB40-SSA1,455,6 (5) Increase in size or number. An amendment or modification of a declaration as described under sub. (3) (a) may not increase the size of the boat docking facility or the size or the number of boat slips in a boat docking facility.

SB40-SSA1,455,8 (6) Subsequent activity affecting a declaration . For purposes of this section, subsequent activity affecting the declaration consists of any of the following:

SB40-SSA1,455,10 (a) Any amendment, modification or restatement of declaration by court or administrative order or by agreement of all of the owners of the condominium units.

SB40-SSA1,455,13 (b) Any determination by court or administrative order that the declaration is void or voidable or that the condominium units in the condominium are not intended for any type of independent use.

SB40-SSA1,455,17 (7) Department enforcement. Notwithstanding sub. (4), the department retains the authority to enforce the terms and conditions of a permit or other authorization except to the extent that such terms and conditions relate to the form of ownership of a boat docking facility.

SB40-SSA1, s. 717v Section 717v. 30.203 (2) (d) of the statutes is created to read:

SB40-SSA1,455,22 30.203 (2) (d) In Lake Poygan within an area that consists of the W-1/2 of Sec. 36, T. 20 N., R. 14 E.; the NW-1/4 of Sec. 1, T. 19 N., R. 14 E.; the E-1/2 of Sec. 33, all of Sec. 34, and the W-1/2 of Sec. 35, T. 20 N., R. 14 E.; and the N-1/2 of Sec. 4, T. 19 N., R. 14 E.

SB40-SSA1, s. 718 Section 718. 30.24 (4) of the statutes is amended to read:

SB40-SSA1,456,3 30.24 (4) Limit on grants. A Except as provided in s. 23.096 (2m), a grant awarded under this section or under s. 23.096 to protect bluffs may not exceed 50% of the acquisition costs.

SB40-SSA1, s. 719 Section 719. 30.277 (5) of the statutes is amended to read:

SB40-SSA1,456,11 30.277 (5) Contribution by governmental unit Matching contributions. To Except as provided in s. 23.096 (2m) to be eligible for a grant under this section, at least 50% of the acquisition costs for land or of the project costs shall be funded by private, local or federal funding, by in-kind contributions or by state funding. For purposes of this subsection, state funding may not include grants under this section, moneys appropriated to the department under s. 20.370 or money appropriated under s. 20.866 (2) (ta), (tp) to (tw), (ty) or (tz).

SB40-SSA1, s. 720 Section 720. 30.52 (3) (b) of the statutes is amended to read:

SB40-SSA1,456,14 30.52 (3) (b) Fee for boats under 16 feet. The fee for the issuance or renewal of a certificate of number for a boat less than 16 feet in length is $16.50 $19.

SB40-SSA1, s. 721 Section 721. 30.52 (3) (c) of the statutes is amended to read:

SB40-SSA1,456,18 30.52 (3) (c) Fee for boats 16 feet or more but less than 26 feet. The fee for the issuance or renewal of a certificate of number for a boat 16 feet or more but less than 26 feet in length is $24 $28.

SB40-SSA1, s. 722 Section 722. 30.52 (3) (d) of the statutes is amended to read:

SB40-SSA1,456,22 30.52 (3) (d) Fee for boats 26 feet or more but less than 40 feet. The fee for the issuance or renewal of a certificate of number for a boat 26 feet or more but less than 40 feet in length is $45 $52.

SB40-SSA1, s. 723 Section 723. 30.52 (3) (e) of the statutes is amended to read:

SB40-SSA1,456,25 30.52 (3) (e) Fee for boats 40 feet or longer. The fee for the issuance or renewal of a certificate of number for a boat 40 feet or more in length is $75 $86.

SB40-SSA1, s. 724 Section 724. 30.52 (3) (f) of the statutes is amended to read:

SB40-SSA1,457,4 30.52 (3) (f) Fee for nonmotorized sailboats. Notwithstanding pars. (b) to (e), the fee for the issuance or renewal of a certificate of number for a sailboat which is not a motorboat is $15 $17.

SB40-SSA1, s. 725 Section 725. 30.52 (3) (fm) of the statutes is amended to read:

SB40-SSA1,457,8 30.52 (3) (fm) Fee for voluntarily registered boats. Notwithstanding pars. (b) to (f), the fee for issuance or renewal of registration for a boat registered pursuant to sub. (1) (b) 1m. is $9.75 $11.

SB40-SSA1, s. 726 Section 726. 30.74 (1) (b) of the statutes is amended to read: