AB100: Bill Text

AB100, s. 1112 Section 1112. 29.344 (1) of the statutes is amended to read:

AB100,570,22 29.344 (1) The department may issue a trammel net license to any resident who applies for this license subject to s. ss. 29.09 and 29.091.

AB100, s. 1113 Section 1113. 29.36 (1) of the statutes is amended to read:

AB100,571,3 29.36 (1) A set or bank pole license authorizing the use of not to exceed 5 set or bank poles for taking, catching or killing fish in the inland waters of the state where the use of setlines is permitted shall be issued subject to s. 29.09 by the department or the county clerk of the county where the set or bank poles are intended to be used to any resident of the state applying for this license.

AB100, s. 1114 Section 1114. 29.36 (1) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100,571,9 29.36 (1) A set or bank pole license authorizing the use of not to exceed 5 set or bank poles for taking, catching or killing fish in the inland waters of the state where the use of setlines is permitted shall be issued subject to ss. 29.09 or 29.091 by the department to any resident applying for this license.

AB100, s. 1115 Section 1115. 29.36 (2) of the statutes is amended to read:

AB100,571,14 29.36 (2) No set or bank pole shall be used unless there is securely attached thereto a metal tag stamped with the number of the license covering the same. Tags shall be furnished by the department to the county clerk, or agents of the same or of the department and by such agency to the licensee at the time of issuing the license.

AB100, s. 1116 Section 1116. 29.37 (1) of the statutes is amended to read:

AB100,571,20 29.37 (1) A setline license authorizing the use of setlines and hooks in inland waters in the manner determined by the department for taking, catching or killing fish shall be issued subject to s. 29.09 by the department or the county clerk of the county bordering on the waters where the setlines are intended and permitted to be used to any resident of the state applying for this license.

AB100, s. 1117 Section 1117. 29.37 (1) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100,572,2 29.37 (1) A setline license authorizing the use of setlines and hooks in inland waters in the manner determined by the department for taking, catching or killing fish shall be issued subject to ss. 29.09 and 29.091 by the department to any resident applying for this license.

AB100, s. 1118 Section 1118. 29.37 (3) (b) of the statutes is amended to read:

AB100,572,5 29.37 (3) (b) The department or the county clerk shall issue setline tags to the licensee at the time of issuing the setline license.

AB100, s. 1119 Section 1119. 29.38 (3) (e) of the statutes is created to read:

AB100,572,8 29.38 (3) (e) Section 29.091 applies to the issuance of licenses and permits under this section.

AB100, s. 1120 Section 1120. 29.49 (1) (a) (intro.) of the statutes is amended to read:

AB100,572,13 29.49 (1) (a) (intro.) Except as provided in s. ss. 29.06 (2) (c), 29.062 and 29.52, no innkeeper, manager or steward of any restaurant, club, hotel, boarding house, tavern, logging camp or mining camp may sell, barter, serve or give, or cause to be sold, bartered, served or given, to the guests or boarders thereof:

AB100, s. 1121 Section 1121. 29.52 (1) of the statutes is amended to read:

AB100,572,16 29.52 (1) Private Subject to s. 29.091, private fish hatchery licenses may be issued by the department under this section.

AB100, s. 1122 Section 1122. 29.52 (4m) of the statutes is amended to read:

AB100,572,22 29.52 (4m) A Subject to s. 29.091, a private fish hatchery license shall be issued and renewed by the department to any person applying therefor who is the owner or lessee of lands suitable for the propagation of fish in nonnavigable waters. Subsection (3) (a) shall not apply to this subsection but the remainder of this section which is not inconsistent with this subsection shall apply.

AB100, s. 1123 Section 1123. 29.52 (5) of the statutes is amended to read:

AB100,573,9 29.52 (5) Upon the filing of the application for a private fish hatchery license, the department shall inspect and investigate the fish hatchery and may hold public hearings on the matter. All expenses of the inspection, except the salary of the employe who inspects the hatchery, shall be paid by the applicant. When satisfied that the applicant is the owner or lessee of the lands described and upon finding that all provisions and conditions of this section have been fully complied with, the department shall issue a license to propagate, rear, sell and possess fish of the kind specified in the license and as provided in this section. All licenses shall be renewed, subject to s. 29.091 and this section, upon filing of a report with the department containing the information on the operation of the hatchery requested by the department, together with the appropriate license fee.

AB100, s. 1124 Section 1124. 29.52 (7) of the statutes is amended to read:

AB100,573,17 29.52 (7) The Subject to s. 29.091, the department may, from year to year, renew any private fish hatchery license issued prior to, and in effect on, May 12, 1965. If a private fish hatchery license is not renewed as provided in sub. (5) or is terminated for any reason, all rights and privileges of the licensee under such license terminate and thereafter the lands and waters which were included in such license shall be subject to all of the provisions of this section if an application for a license hereunder is made which includes any of such lands or waters.

AB100, s. 1125 Section 1125. 29.544 (4m) of the statutes is created to read:

AB100,573,20 29.544 (4m) Issuance restricted. Section 29.091 applies to the issuance of licenses and cards under this section.

AB100, s. 1126 Section 1126. 29.547 (7m) of the statutes is created to read:

AB100,573,23 29.547 (7m) Issuance restricted. Section 29.091 applies to the issuance of licenses under this section.

AB100, s. 1127 Section 1127. 29.572 (3) of the statutes is amended to read:

AB100,574,11 29.572 (3) Applications for the renewal of any license issued under ss. 29.573 to 29.578 are subject to s. 29.091 and shall be filed with the department on or before the expiration date of the license, except that an application for renewal of this type of license may be filed not more than 45 days after the expiration date if it is accompanied by the late filing fee specified under s. 29.092 (9) (i) in addition to the regular license or renewal fee. If application for renewal of a license is not made as required in this subsection or if a license is terminated for any reason, all rights and privileges of the licensee under the license are terminated upon the expiration of the 45-day period provided in this subsection or on the date of termination whichever occurs first. Thereafter, the lands and waters which were included under the license shall be subject to ss. 29.573 to 29.578.

AB100, s. 1128 Section 1128. 29.573 (1) of the statutes is amended to read:

AB100,574,17 29.573 (1) The Subject to s. 29.091, the department may issue pheasant and quail farm licenses for shooting preserves and the releasing, shooting, possession and use of pheasants and quail on pheasant and quail farms if, in the judgment of the department, operations under these licenses will result in a net increase in the supply of pheasants and quail in the state and will otherwise be in the public interest.

AB100, s. 1129 Section 1129. 29.573 (2) of the statutes is amended to read:

AB100,574,21 29.573 (2) No license shall be granted may be issued unless the applicant owns or has under lease the area for which the license is granted issued. Boundaries of the area licensed shall be defined and posted as prescribed by the department.

AB100, s. 1130 Section 1130. 29.574 (3) of the statutes is amended to read:

AB100,575,21 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 granting 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, the subject to s. 29.091, 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 granted 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.

AB100, s. 1131 Section 1131. 29.575 (3) of the statutes is amended to read:

AB100,576,5 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, the subject to s. 29.091, 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.

AB100, s. 1132 Section 1132. 29.575 (4) of the statutes is amended to read:

AB100,576,21 29.575 (4) Upon issuance of the license, the department shall appoint one person, the applicant shall appoint one person, and these 2 shall select a 3rd person to enter the lands and determine the number of fur animals thereon at the time of the granting issuing of the license. The necessary expenses of these persons shall be paid by the licensee. Within 10 days after the date of such determination, the licensee shall pay to the department $2.50 for each beaver, 50 cents for each muskrat, $2.50 for each mink, $2.50 for each otter, $1 for each raccoon, and 50 cents for each skunk so found on such lands. Only those animals to be licensed under the fur animal farm are to be paid for. When such payment has been made the licensee shall become owner of such fur animals on said lands and of all of their offspring remaining thereon. The licensee shall have the right to manage and control said lands and the licensed fur animals thereon, to take the same at any time or in any manner, subject to s. 29.245, which the licensee sees fit and deems to the best advantage of the licensee's business, and to sell and transport at any time said fur animals or the pelts taken from them.

AB100, s. 1133 Section 1133. 29.578 (4) of the statutes is amended to read:

AB100,577,15 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 29.091 applies to the issuance of licenses under this subsection.

AB100, s. 1134 Section 1134. 29.578 (5) of the statutes is amended to read:

AB100,577,19 29.578 (5) The deer farm license shall be renewed each year, subject to s. 29.091, if the licensee has not violated any of the provisions under which it was granted issued.

AB100, s. 1135 Section 1135. 29.578 (11) of the statutes is amended to read:

AB100,578,18 29.578 (11) Each license shall be accepted by the licensee upon the condition that the licensee will comply with this section and with all provisions of law and that the licensee will honestly operate said deer farm for the purpose of propagating deer; that the title to the deer in the inclosure for which a license has been granted issued and for which the applicant has paid the state at the rate of $25 per deer, shall be conditional upon the applicant and licensee honestly and fairly complying with this section and provisions of law relating to the operation of deer farms; and in the action to revoke the license of said licensee, or to establish the licensee's unfitness to further operate said deer farm, the court, in the judgment, in the event it is determined that the applicant and licensee has violated this section and the provisions of law relating to the operation of deer farms, shall provide that the title to all of the deer within said inclosure together with all of the increase therefrom be forfeited to the state; that the said tract of land shall not be used for a deer farm for a period of 5 years and until a new license therefor, after said 5 years, has been issued by the department as provided in this section; that the department shall within 30 days of the notice of entry of judgment enter upon said tract and open the said fences in such a manner as to give the inclosed animals free egress and may drive the said animals out of the inclosure if in the opinion of the department it is for the best interests of the state; said lands for which said license has been forfeited may be used by the owner thereof for all lawful purposes except the propagating of deer during said time, and during said 5 year period said lands shall be a sanctuary and no hunting or trapping of any kind or character shall be practiced therein or thereon. The department shall in such event duly post notices thereof at intervals of 10 rods around the entire tract.

AB100, s. 1136 Section 1136. 29.578 (14) (am) of the statutes is amended to read:

AB100,578,22 29.578 (14) (am) The Subject to s. 29.091, the department may issue special retail deer sale permits authorizing a person to retail a venison in the carcass from a deer lawfully killed under this section to any retailer of meats.

AB100, s. 1137 Section 1137. 29.578 (14) (b) (intro.) of the statutes is amended to read:

AB100,579,4 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 it, the department, subject to s. 29.091, shall issue a venison serving permit conditioned as follows:

AB100, s. 1138 Section 1138. 29.585 (1) of the statutes is amended to read:

AB100,579,9 29.585 (1) The Subject to s. 29.091, the department may grant issue licenses for wildlife exhibits which are defined as any place where one or more live wild animals are kept in captivity for the purpose of exhibition or for advertising purposes. The form of application and license shall be prescribed by the department.

AB100, s. 1139 Section 1139. 29.585 (3) of the statutes is amended to read:

AB100,579,14 29.585 (3) No wildlife exhibition license shall be granted may be issued by the department until it is satisfied that the provisions for housing and caring for such wild animals and for protecting the public are proper and adequate and in accordance with the standards therefor established by the department.

AB100, s. 1140 Section 1140. 30.277 (3) (k) of the statutes is created to read:

AB100,579,17 30.277 (3) (k) Whether the project is related to brownfields redevelopment, as defined in s. 23.09 (19) (a) 1.

AB100, s. 1141 Section 1141. 30.277 (6) of the statutes is amended to read:

AB100,579,24 30.277 (6) Rules. The department shall promulgate rules for the administration of this section, including rules that specify the weight to be assigned to each criterion under sub. (3) and the minimum number of criteria under sub. (3) in which an applicant must perform satisfactorily in order to be awarded a grant. In specifying the weight to be assigned to the criteria under sub. (3), the department shall assign the greatest weight to the criterion under sub. (3) (k).

AB100, s. 1142 Section 1142. 30.28 (2r) of the statutes is created to read:

AB100,580,3 30.28 (2r) Fee for expedited service. The department, by rule, may charge a supplemental fee for a permit or approval that is in addition to the fee charged under this section if all of the following apply:

AB100,580,6 (a) The applicant requests in writing that the permit or approval be issued within a time period that is shorter than the time limit under the rule promulgated under s. 299.05 for that type of permit or approval.

AB100,580,7 (b) The department verifies that it will be able to comply with the request.

AB100, s. 1143 Section 1143. 30.52 (3m) (b) of the statutes is amended to read:

AB100,580,10 30.52 (3m) (b) All moneys collected under par. (a) shall be deposited into the account under s. 20.370 (1) (is) (3) (is).