AB100: Bill Text

AB100, s. 1068 Section 1068. 29.147 (1) of the statutes is amended to read:

AB100,557,5 29.147 (1) A resident sports license shall be issued subject to s. 29.09 by the department or by a county clerk to any resident who is over the age of 12 years, a U.S. citizen, and who applies for this license and pays the minimum fee. A nonresident sports license shall be issued subject to s. 29.09 by the department or by a county clerk to any person who is not a resident and who meets these requirements.

AB100, s. 1069 Section 1069. 29.147 (1) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100,557,12 29.147 (1) A resident sports license shall be issued subject to ss. 29.09 and 29.091 by the department to any resident who is over the age of 12 years, a U.S. citizen, and who applies for this license and pays the minimum fee. A nonresident sports license shall be issued subject to ss. 29.09 and 29.091 by the department to any person who is not a resident and who meets these requirements.

AB100, s. 1070 Section 1070. 29.1475 (1) of the statutes is amended to read:

AB100,557,18 29.1475 (1) Issuance. A resident conservation patron license shall be issued subject to s. ss. 29.09 and 29.091 by the department to any resident 14 years old or older who applies for the license. A nonresident conservation patron license shall be issued subject to s. ss. 29.09 and 29.091 by the department to any person 14 years old or older who is not a resident and who applies for the license.

AB100, s. 1071 Section 1071. 29.1475 (3) of the statutes is amended to read:

AB100,558,3 29.1475 (3) Authorization; admission to state parks and related areas. A conservation patron license permits any person may operate a vehicle, except a motor bus, as defined in s. 340.01 (31), having a conservation patron license holder as an occupant to enter in any vehicle admission area under s. 27.01 (7) without having an admission sticker receipt affixed to it the vehicle or otherwise displayed and without paying a fee if the vehicle has as an occupant a conservation patron license holder who can present the license upon demand in the vehicle admission area. The conservation patron license permits the license holder to enter Heritage Hill state park or a state trail without paying an admission fee.

AB100, s. 1072 Section 1072. 29.1475 (6) of the statutes is amended to read:

AB100,558,23 29.1475 (6) (title) Admission sticker receipt. At the same time the department issues a conservation patron license, it may issue an annual resident or nonresident vehicle admission sticker receipt or a special sticker receipt for admission to state parks and similar areas. Alternatively or in addition, the department may issue an annual resident or nonresident vehicle admission sticker receipt or a special sticker receipt for admission to state parks and similar areas to a person who has a conservation patron license on location at the state park or similar area. A person who is issued a sticker receipt under this subsection shall affix the sticker receipt by its own adhesive to the interior surface of the lower left-hand corner of the windshield of the vehicle. A sticker or otherwise display it as authorized under a rule promulgated under s. 27.01 (7) (e) 2. A receipt issued under this section is not considered part of a conservation patron license for the purpose of issuing a duplicate and no. No duplicate sticker shall receipt may be issued for a receipt that is affixed by its own adhesive to a windshield unless the license holder provides evidence that the vehicle upon which the sticker receipt is affixed is no longer usable or that the vehicle was transferred to another person and the license holder presents the original sticker receipt or remnants of it to the department. Section 29.09 (4) applies to the issuance of a duplicate receipt that is displayed as authorized under the rule promulgated under s. 27.01 (7) (e) 2.

AB100, s. 1073 Section 1073 . 29.148 (1m) (intro.) of the statutes is amended to read:

AB100,559,3 29.148 (1m) (intro.)  A Subject to s. 29.09 and any limit imposed under s. 29.174 (2) (eg), a sturgeon spearing license shall be issued subject to s. 29.09 by the department or by a county clerk to any person applying for this license who:

AB100, s. 1074 Section 1074. 29.148 (1m) (intro.) of the statutes is amended to read:

AB100,559,7 29.148 (1m) (intro.)  A Subject to s. 29.09 and any limit imposed under s. 29.174 (2) (eg), a sturgeon spearing license shall be issued subject to s. 29.09 by the department or by a county clerk to any person applying for this license who:

AB100, s. 1075 Section 1075 . 29.148 (1m) (intro.) of the statutes, as affected by 1997 Wisconsin Act .... (this act), section 1073 , is amended to read:

AB100,559,12 29.148 (1m) (intro.) Subject to s. 29.09 and any limit imposed under s. 29.174 (2) (eg), a sturgeon spearing license shall be issued by the department or by a county clerk to any person applying for this license who:

AB100, s. 1076 Section 1076. 29.148 (1m) (intro.) of the statutes, as affected by 1997 Wisconsin Act .... (this act), sections 1073 and 1075, is repealed and recreated to read:

AB100,559,17 29.148 (1m) (intro.) Subject to ss. 29.09 and 29.091 and any limit imposed under s. 29.174 (2) (eg), a sturgeon spearing license shall be issued by the department to any person applying for this license who:

AB100, s. 1077 Section 1077. 29.148 (2) of the statutes is amended to read:

AB100,559,23 29.148 (2) The sturgeon spearing license shall be accompanied by sturgeon carcass tags in the quantity to correspond with the season bag limit for spearing rock or lake sturgeon established by the department. The serial numbers of these tags shall be entered on the license by the person issuing agent the license or by the department.

AB100, s. 1078 Section 1078. 29.148 (3) of the statutes is amended to read:

AB100,560,7 29.148 (3) A sturgeon spearing license authorizes the spearing of rock or lake sturgeon subject to any limit imposed under s. 29.174 (2) (eg) and only during the open season for spearing these sturgeon established by the department. No person may fish for sturgeon by means of a spear unless the person is issued a conservation patron license or unless the person is issued a sturgeon spearing license. The conservation patron license or the sturgeon spearing license shall be carried on the person of the licensee at all times while fishing for sturgeon by means of a spear.

AB100, s. 1079 Section 1079. 29.149 (2) of the statutes is amended to read:

AB100,560,14 29.149 (2) Requirement. Except as provided under sub. (4), no person may fish for trout in inland trout waters unless he or she is issued a conservation patron license or unless he or she is issued an inland waters trout stamp which is affixed by the stamp's adhesive to attached to or imprinted on the person's fishing license or sports license in the manner required by the rule promulgated under s. 29.09 (3m) (a) 3.

AB100, s. 1080 Section 1080. 29.149 (3) of the statutes is amended to read:

AB100,560,21 29.149 (3) Issuance. The department or a county clerk shall issue an inland waters trout stamp subject to s. 29.09 to each person holding or applying for a fishing license under s. 29.09 (12) (a), 29.14 (2) to (6), 29.145 (1c) to (2) or 29.146 or a sports license under s. 29.147 if the person uses or intends to use the license for trout fishing in inland trout waters of the state. The trout stamp shall be designed and produced by the department as provided under s. 29.09 (13).

AB100, s. 1081 Section 1081. 29.149 (5) of the statutes is amended to read:

AB100,561,2 29.149 (5) Use of moneys from fees. The department shall expend the receipts from the sale under this section of inland waters trout stamps on improving and maintaining trout habitat in inland trout waters, conducting trout surveys in inland trout waters and administering this section.

AB100, s. 1082 Section 1082. 29.15 (2) of the statutes is amended to read:

AB100,561,10 29.15 (2) Requirement. No person may fish for trout or salmon in the outlying trout and salmon waters of the state unless the person is issued a resident or nonresident 2-day sports fishing license, unless the person is issued a conservation patron license under s. 29.1475 or unless the person is issued a Great Lakes trout and salmon stamp which is affixed by the stamp's adhesive to attached to or imprinted on the person's fishing license or sports license in the manner required by the rule promulgated under s. 29.09 (3m) (a) 3.

AB100, s. 1083 Section 1083. 29.15 (3) of the statutes is amended to read:

AB100,561,16 29.15 (3) Issuance. The Great Lakes trout and salmon stamp shall be issued subject to s. 29.09 by the department or a county clerk to any person holding or applying for a fishing license under s. 29.09 (12) (a), 29.14 (2) to (7), 29.145 (1c) to (2) or 29.146 or a sports license under s. 29.147. The department shall design and produce Great Lakes trout and salmon stamps as provided under s. 29.09 (13).

AB100, s. 1084 Section 1084. 29.165 (1) of the statutes is amended to read:

AB100,562,2 29.165 (1) No person may engage or be employed for any compensation or reward to guide, direct or assist any other person in hunting, fishing or trapping unless a guide license is duly issued to the person by the department subject to s. ss. 29.09 and 29.091. No guide license for hunting or trapping may be issued to or obtained by any person who is not a resident of this state. No guide license may be issued to any person under the age of 18 years. The applicant shall deliver to the department an oath of office that he or she will well and faithfully perform the duties and responsibilities as a guide licensed by the department and observe and comply with all the requirements of this chapter and the rules of the department.

AB100, s. 1085 Section 1085. 29.166 (1) of the statutes is amended to read:

AB100,562,15 29.166 (1) No person may be engaged or be employed for any compensation or reward to guide any other person in sport trolling for trout or salmon in and upon the outlying waters of Lake Michigan, Green Bay or Lake Superior unless the person is duly issued a sport trolling license by the department subject to s. ss. 29.09 and 29.091. No sport trolling license may be issued to any person under the age of 18 years. The application shall include the name and address of the applicant, the name of the home port from which the applicant will operate, the applicant's U.S. coast guard operator's license number and other information as required by the department for statistical purposes. The licensee and all persons on board the licensee's boat shall comply with all the requirements of this chapter and the rules of the department. Boats used by the licensee shall meet minimum U.S. coast guard and this state's boat licensing and safety requirements.

AB100, s. 1086 Section 1086. 29.174 (2) (eg) of the statutes is created to read:

AB100,562,19 29.174 (2) (eg) The department may limit the number of persons fishing for sturgeon by hook and line or by spear, or both, and may limit the maximum harvest of sturgeon in any area.

AB100, s. 1087 Section 1087. 29.174 (2) (em) of the statutes is amended to read:

AB100,562,22 29.174 (2) (em) The department may impose any of the limitations under pars. (d) to (e) (eg) by establishing a system for the issuance of permits.

AB100, s. 1088 Section 1088. 29.225 (title) of the statutes is amended to read:

AB100,562,25 29.225 (title) Hunter education and firearm safety program; certificate of accomplishment.

AB100, s. 1089 Section 1089. 29.225 (1) of the statutes is renumbered 29.225 (1) (a) and amended to read:

AB100,563,8 29.225 (1) (a) The department shall establish by rule a statewide hunter education and firearm safety program. The Except as provided in par. (c), the hunter education and firearm safety program shall provide for a course of instruction in each school district or county. The department shall conduct this course of instruction in cooperation with qualified individuals, organizations, groups, associations, public or private corporations and federal, state and local governmental entities. This

AB100,563,13 (b) The course of instruction shall provide instruction to students in the commonly accepted principles of safety in handling hunting firearms and equipment, the responsibilities of hunters to wildlife, environment, landowners and others, how to recognize threatened and endangered species which that cannot be hunted and the principles of wildlife management and conservation.

AB100, s. 1090 Section 1090. 29.225 (1) (bg) and (br) of the statutes are created to read:

AB100,563,16 29.225 (1) (bg) In addition to the topics specified under par. (b), the course of instruction shall include the following components:

AB100,563,19 1. A firearm safety component providing instruction in the commonly accepted principles of safety in handling firearms used in hunting and their associated equipment.

AB100,563,21 2. A bow hunting safety component providing instruction in hunting with bows and arrows and their associated equipment.

AB100,563,23 (br) The bow hunting safety component need not be offered in each school district or county.

AB100, s. 1091 Section 1091. 29.225 (1) (c) of the statutes is created to read:

AB100,564,3 29.225 (1) (c) A person who is enrolled in the course may take the firearm safety component, or, if the bow hunting safety component is offered, the bow hunting safety component or both components.

AB100, s. 1092 Section 1092. 29.225 (2) of the statutes is amended to read:

AB100,564,13 29.225 (2) Administration. The law enforcement administrator shall be the department's authorized agent to administer, supervise and enforce this section. The department shall appoint a qualified person from the law enforcement function, under the classified service, as the hunter education administrator and shall prescribe his or her duties and responsibilities. The department may appoint county directors, master hunter education instructors and regular hunter education instructors necessary for the hunter education and firearm safety program. These appointees are responsible to the department and shall serve on a voluntary basis without compensation.

AB100, s. 1093 Section 1093. 29.225 (3) of the statutes is amended to read:

AB100,564,21 29.225 (3) Instruction fee. The department shall collect the instruction fee specified under s. 29.092 (2) (n) from each person who receives instruction under the hunter education and firearm safety program. The department may authorize an instructor conducting a course of instruction meeting standards established by the department to retain 50% of this fee to defray expenses incurred locally to operate the program. The remaining portion of the fee or, if nothing is retained, the entire fee shall be deposited in the conservation fund.

AB100, s. 1094 Section 1094. 29.225 (4) (a) of the statutes is amended to read:

AB100,565,5 29.225 (4) (a) Issuance. The department shall issue a certificate of accomplishment to a person who successfully completes the course of instruction under the hunter education and firearm safety program and who pays the instruction fee. The department shall prescribe the form and content of the certificate of accomplishment. The certificate shall state whether the person successfully completed the firearm safety component, the bow hunting safety component or both. The certificate may be used by a resident to whom issued in place of a small game hunting license as required in s. 29.09.

AB100, s. 1095 Section 1095. 29.226 (1) of the statutes is renumbered 29.226 (1) (a) and amended to read:

AB100,565,10 29.226 (1) (a) Except as provided under subs. (2), (2m) and (3), 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. 29.225.

AB100, s. 1096 Section 1096. 29.226 (1) (b) of the statutes is created to read:

AB100,565,16 29.226 (1) (b) For a person who is issued a certificate of accomplishment under s. 29.225 on or after the effective date of this paragraph .... [revisor inserts date], the approval issued under par. (a) shall authorize hunting only with a bow and arrow if the person's certificate states that the person successfully completed only the bow hunting safety component of the course of instruction under s. 29.225 (1) (bg) 2.

AB100, s. 1097 Section 1097. 29.226 (2) of the statutes is amended to read:

AB100,565,22 29.226 (2) A person who has a certificate, license or other evidence indicating that he or she has completed in another state a hunter safety course in another state and if the course is recognized by the department under a reciprocity agreement, the person may obtain an approval authorizing hunting regardless of whether the person is issued a certificate of accomplishment under s. 29.225 in this state.

AB100, s. 1098 Section 1098. 29.226 (2m) of the statutes is created to read:

AB100,566,4 29.226 (2m) A person who has a certificate, license or other evidence indicating that he or she has completed in another state a hunter safety course that consisted only of bow hunting safety instruction and if the course is recognized by the department under a reciprocity agreement, the person may obtain an approval authorizing hunting only with a bow and arrow regardless of whether the person is issued a certificate of accomplishment under s. 29.225 in this state.

AB100, s. 1099 Section 1099. 29.227 (1) (b) of the statutes is amended to read:

AB100,566,12 29.227 (1) (b) Restrictions on possession or control of a firearm. No person under 12 years of age may have in his or her possession or control any firearm unless he or she is enrolled in a course of instruction under the hunter education and firearm safety program that includes the firearm safety component and he or she is carrying the firearm in a case and unloaded to or from that class under the supervision of a parent or guardian or is handling or operating the firearm during that class under the supervision of an instructor.

AB100, s. 1100 Section 1100. 29.227 (2) (b) 2. of the statutes is amended to read:

AB100,566,17 29.227 (2) (b) 2. Is enrolled in a course of instruction that includes the firearm safety component under the hunter education and firearm safety program and is carrying the firearm in a case and unloaded to or from that class or is handling or operating the firearm during that class under the supervision of an instructor.

AB100, s. 1101 Section 1101. 29.227 (3) (a) 2. of the statutes is amended to read:

AB100,566,22 29.227 (3) (a) 2. Is issued a certificate of accomplishment that states that he or she completed the firearm safety component under the hunter education and firearm safety program or has a similar certificate issued by another state or province.

AB100, s. 1102 Section 1102. 29.227 (3) (b) 2. of the statutes is amended to read:

AB100,567,2 29.227 (3) (b) 2. Is enrolled in a course of instruction that includes the firearm safety component under the hunter education and firearm safety program and is carrying the firearm in a case and unloaded to or from that class or is handling or operating the firearm during that class under the supervision of an instructor; or

AB100, s. 1103 Section 1103. 29.227 (3) (b) 3. of the statutes is amended to read:

AB100,567,7 29.227 (3) (b) 3. Is issued a certificate of accomplishment that states that he or she completed the firearm safety component under the hunter education and firearm safety program or has a similar certificate issued by another state or province.

AB100, s. 1104 Section 1104. 29.33 (1) of the statutes is amended to read:

AB100,568,13 29.33 (1) License authorized. Any person desiring to conduct commercial fishing operations on any of the outlying waters shall first obtain a commercial fishing license. The department may limit the number of licenses issued under this section and designate the areas in the outlying waters under the jurisdiction of this state where commercial fishing operations shall be restricted. The department may establish harvest limits and allocate the harvest limits among commercial fishing licensees. The department may designate the kind, size and amount of gear to be used in the harvest. The limitations on licenses, restricted fishing areas, harvests and gear shall be based on the available harvestable population of fish and in the wise use and conservation of the fish so as to prevent overexploitation. The department may promulgate rules defining the qualifications of licensees in the reasonable exercise of this authority, giving due consideration to residency, past record including compliance with the reporting requirements of sub. (5), fishing and navigation ability and quantity and quality of equipment possessed. Rules relating to licensing commercial fishers shall be based on criteria provided by the commercial fishing boards under sub. (7). The application for the license shall be made to the department on a blank provided for that purpose, accompanied by the fee specified in s. 29.092 (7). The application shall state the name, birthdate, description and residence of the applicant, the manner in which he or she proposes to fish, the name or number and overall length of his or her boats, the name of the hailing port from which the boats will operate, and the number and kind of nets or other gear he or she intends to use in connection with commercial fishing and any other information required by the department for statistical purposes. The applicant shall provide an itemized listing of commercial fishing gear and equipment with the current values of those items of commercial fishing equipment, sufficient to meet the investment requirements for licensing as established in rules promulgated under this section. "Overall length" means the minimum distance between the extreme outside end of the bow and the stern using the nearest whole number of feet. The license shall be issued in accordance with s. ss. 29.09 and 29.091. No outlying waters commercial fishing license may be issued to a person under the age of 18 years.

AB100, s. 1105 Section 1105. 29.33 (2) (d) of the statutes is amended to read:

AB100,569,2 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. 29.091, a transfer of a license under this section shall be considered an issuance of a license to the transferee.

AB100, s. 1106 Section 1106. 29.33 (4) (a) of the statutes is amended to read: