AB100: Bill Text

AB100, s. 1034 Section 1034. 29.13 (1) (a) of the statutes is amended to read:

AB100,545,16 29.13 (1) (a) Issuance. A trapping license shall be issued subject to s. 29.09 by the department or by a county clerk to any resident applying for this license.

AB100, s. 1035 Section 1035. 29.13 (1) (a) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100,545,20 29.13 (1) (a) Issuance. A trapping license shall be issued subject to ss. 29.09 and 29.091 by the department to any resident applying for this license.

AB100, s. 1036 Section 1036. 29.134 (3) of the statutes is amended to read:

AB100,545,24 29.134 (3) Licenses shall be issued, subject to s. 29.091, by the department upon application. The form of application and license shall be prescribed by the department.

AB100, s. 1037 Section 1037. 29.135 (3) of the statutes is amended to read:

AB100,546,3 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. 29.091, 29.99 or 29.995.

AB100, s. 1038 Section 1038. 29.136 (2) of the statutes is amended to read:

AB100,546,9 29.136 (2) Permit requirements. No person may engage in business as a taxidermist after August 31, 1986, unless he or she is issued a taxidermist permit subject to s. ss. 29.09 and 29.091 by the department. This subsection does not apply to agents or employes of taxidermists while working under the direct supervision of a taxidermist permit holder.

AB100, s. 1039 Section 1039. 29.136 (7m) (a) of the statutes is amended to read:

AB100,546,15 29.136 (7m) (a) The department shall issue a taxidermy school permit to a person who applies for the permit; who, on August 15, 1991, holds a valid taxidermist permit issued under this section; and who, on August 15, 1991, operates a taxidermy school approved by the department of education educational approval board under s. 38.51 39.51.

AB100, s. 1040 Section 1040. 29.137 (1) of the statutes is amended to read:

AB100,546,20 29.137 (1) A Subject to s. 29.091, a bait dealer license may be issued by the department to any resident of this state who has complied with the department's rules governing the taking, handling and storing of bait, specifications of equipment, and the filing of reports.

AB100, s. 1041 Section 1041. 29.138 of the statutes is created to read:

AB100,546,23 29.138 Fishing approvals issued by the Lac du Flambeau band. (1) Definitions. In this section:

AB100,546,24 (a) "Band" means the Lac du Flambeau band of Lake Superior Chippewa.

AB100,547,2 (b) "Reservation" means the territory within the boundaries of the Lac du Flambeau reservation that were in existence on April 10, 1996.

AB100,547,6 (2) Authorization for issuance. The band may issue one or more types of fishing approvals that are equivalent to one or more of the the following types of approvals by authorizing the same types of fishing by the same persons and in the same bodies of water:

AB100,547,7 (a) Nonresident annual fishing licenses.

AB100,547,8 (b) Nonresident 15-day fishing licenses.

AB100,547,9 (c) Nonresident 4-day fishing licenses.

AB100,547,10 (d) Nonresident annual family fishing licenses.

AB100,547,11 (e) Nonresident 15-day family fishing licenses.

AB100,547,12 (f) Nonresident 2-day sports fishing licenses.

AB100,547,13 (g) Resident annual fishing licenses.

AB100,547,14 (h) Resident 2-day sports fishing licenses.

AB100,547,15 (i) Husband and wife fishing licenses.

AB100,547,16 (j) Inland waters trout stamps.

AB100,547,20 (3) Requirements for issuance; fees; periods of validity. (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.

AB100,547,22 (b) The band may not issue or sell approvals under this section in conjunction with discount coupons or as part of a promotion or other merchandising offer.

AB100,547,24 (c) For any approval issued under this section, the period of validity shall be the same as it would be for the equivalent approval under s. 29.093.

AB100,548,2 (d) The band may issue duplicates only for the approvals that it issues under this section.

AB100,548,4 (e) The band may issue approvals under this section only to applicants who appear in person on the reservation.

AB100,548,12 (4) Issuance; processing; records. (a) The band shall prepare, procure the printing of and supply all necessary approval blanks and applications for approvals issued under this section. Approval blanks and applications used under this section shall be numbered consecutively, at the time of printing, in a separate series for each kind of approval. Each license blank issued under this section shall be provided with a corresponding stub or carbon numbered with the serial number of the license. Each requisition for the printing of such approval blanks shall specify any serial numbers to be printed on the blanks.

AB100,548,15 (b) Each license issued under this section shall bear on its face the signature of the licensee, the date of issuance and the signature of the issuing agent. All licenses shall be issued in English and in ink.

AB100,548,19 (c) Before June 1 annually, the band shall submit a report to the department notifying it of the number of each type of approval that the band issued for the period beginning on April 1 of the previous year and ending on March 31 of the year in which the report is submitted.

AB100,548,22 (d) For law enforcement purposes, persons issuing approvals under this section shall make available for inspection by the department during normal business hours their records of all approvals issued, including copies of all licenses issued.

AB100,548,25 (e) The band shall ensure that a record of each approval issued under this section, including a copy of each license issued, is retained for at least 2 years after the date of expiration of the license.

AB100,549,2 (f) Sections 29.09 (2), (3) (b), (3m) (b), (4), (8) and (10) (b) and (c) and 29.092 (3r) do not apply to any approval that may be issued under this section.

AB100,549,7 (5) Restrictions on approvals. A person who is fishing under the authority of an approval issued under this section shall be subject to the same conditions, limitations and restriction as are imposed on the equivalent approval issued under s. 29.14, 29.145, 29.146. 29.147 or 29.149, including bag limits, size limits, rest days and closed seasons.

AB100,549,10 (6) Applicability. This section does not apply unless the department and the band have in effect a written agreement under which the band agrees to comply with subs. (2) to (4) and that contains all of the following terms:

AB100,549,12 (a) The manner in which the band will limit its treaty-based right to fish outside the reservation.

AB100,549,14 (b) A requirement that the fees collected by the band under sub. (3) (a) be used only for fishery management within the reservation.

AB100, s. 1042 Section 1042. 29.139 of the statutes is created to read:

AB100,549,17 29.139 Department approvals issued on the Lac du Flambeau reservation. (1) Definitions. In this section:

AB100,549,18 (a) "Band" means the Lac du Flambeau band of Lake Superior Chippewa.

AB100,549,20 (b) "Reservation" means the territory within the boundaries of the Lac du Flambeau reservation that were in existence on April 10, 1996.

AB100,549,22 (2) Authorization. The band may elect to issue one or more of the following types of approvals, subject to s. 29.09, as an agent of the department:

AB100,549,23 (a) Nonresident annual fishing licenses.

AB100,549,24 (b) Nonresident 15-day fishing licenses.

AB100,549,25 (c) Nonresident 4-day fishing licenses.

AB100,550,1 (d) Nonresident annual family fishing licenses.

AB100,550,2 (e) Nonresident 15-day family fishing licenses.

AB100,550,3 (f) Nonresident 2-day sports fishing licenses.

AB100,550,4 (g) Resident annual fishing licenses.

AB100,550,5 (h) Resident 2-day sports fishing licenses.

AB100,550,6 (i) Husband and wife fishing licenses.

AB100,550,7 (j) Inland waters trout stamps.

AB100,550,8 (k) Resident sports licenses.

AB100,550,9 (L) Nonresident sports licenses.

AB100,550,13 (3) Fees; issuance. (a) The band shall collect the fee for an approval issued under sub. (2) in the same amount as is collected by the department for the approval, including the issuing fee. Except as provided in par. (b), the band shall retain the entire fee that it collects, including the issuing fee.

AB100,550,16 (b) For a resident or nonresident sports license, the band shall retain only the amount that is equal to the fee for an annual fishing license plus the issuing fee and shall remit the balance to the department.

AB100,550,19 (c) For a resident or nonresident sports license, in addition to the fees collected under par. (a), the band shall collect the wildlife damage surcharge and remit it to the department.

AB100,550,21 (d) The band may issue approvals under this section only to applicants who appear in person on the reservation.

AB100,550,24 (4) Revenues from issuance of department approvals on the reservation by others. (a) Annually, the department may pay to the band an amount for the issuance of the approvals specified in sub. (2) (a) to (L) within the reservation.

AB100,551,2 (b) If the department decides that it will make the payment under par. (a), it shall calculate the total amount of the payment to equal the sum of the following:

AB100,551,5 1. The amount in fees received by the department from the issuance of the approvals specified in sub. (2) (a) to (j) during the preceding year by issuing agents other than the band at locations within the reservation.

AB100,551,10 2. An amount calculated by multiplying the number of resident and nonresident sports licenses issued during the preceding year by issuing agents other than the band at locations within the reservation by the amount of the fee for an annual fishing license, including the portion of the issuing fee for an annual fishing license that the department receives.

AB100,551,13 (5) Applicability. This section does not apply unless the department and the band have in effect a written agreement under which the band agrees to comply with subs. (2) and (3) and that contains all of the following terms:

AB100,551,15 (a) The manner in which the band will limit its treaty-based right to fish outside the reservation.

AB100,551,17 (b) A requirement that the fees collected and retained by the band under sub. (3) be used only for fishery management within the reservation.

AB100, s. 1043 Section 1043. 29.14 (1) (a) of the statutes is amended to read:

AB100,551,24 29.14 (1) (a) Requirement. Except as provided under pars. (b) and (c) or s. 29.155 (1g) and (1h), except for persons with resident licenses under s. 29.09 (12) (a) and except as otherwise specifically provided by another section of this chapter, no nonresident may fish in the waters of this state unless a valid nonresident fishing license is issued to the person subject to s. 29.09 by the department or by a county clerk.

AB100, s. 1044 Section 1044. 29.14 (1) (a) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100,552,7 29.14 (1) (a) Requirement. Except as provided under pars. (b) and (c) or s. 29.155 (1g) and (1h), except for persons with resident licenses under s. 29.09 (12) (a) and except as otherwise specifically provided by another section of this chapter, no nonresident may fish in the waters of this state unless a valid nonresident fishing license is issued to the person subject to ss. 29.09 and 29.091 by the department.

AB100, s. 1045 Section 1045. 29.14 (2) of the statutes is amended to read:

AB100,552,11 29.14 (2) Nonresident annual fishing license. The department or a county clerk shall issue a nonresident annual fishing license, subject to s. 29.09, to any nonresident who applies for this license.

AB100, s. 1046 Section 1046. 29.14 (2) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100,552,16 29.14 (2) Nonresident annual fishing license. The department shall issue a nonresident annual fishing license, subject to ss. 29.09 and 29.091, to any nonresident who applies for this license.

AB100, s. 1047 Section 1047. 29.14 (3) of the statutes is amended to read: