AB100-engrossed,523,1815
29.01
(3) "Fishing" includes taking, capturing, killing, or fishing for fish of any
16variety in any manner
but does not include taking, capturing, killing or fishing for
17farm-raised fish. When the word "fish" is used as a verb, it shall have the same
18meaning as the word "fishing" as defined herein.
AB100-engrossed,523,2220
29.01
(3m) "Freeze-out pond" means a natural, self-contained body of water
21in which freezing or anoxic conditions prevent the body of water from naturally
22sustaining a fish population at least twice every 5 years.
AB100-engrossed,524,324
29.01
(11c) "Preexisting fish rearing facility" means a body of water that is a
25fish farm or part of a fish farm and that is not a self-contained body of water but that
1was licensed as a private fish hatchery, or as part of a private fish hatchery, under
2s. 29.52, 1995 stats., on the effective date of this subsection .... [revisor inserts date]
3and that has been continuously used to rear fish since that date.
AB100-engrossed,524,75
29.01
(11d) "Preexisting fish rearing facility that is barrier equipped" means
6a preexisting fish rearing facility that is equipped with barriers that prevent the
7passage of fish between the facility and the other waters of the state.
AB100-engrossed,524,129
29.01
(12p) "Self-contained body of water" means a body of water that has no
10inlet from or outlet to a natural body of water, except that it may have pipes or similar
11conduits to put in or withdraw water that are equipped with barriers that prevent
12the passage of fish between the body of water and the other waters of the state.
AB100-engrossed,524,1414
29.01
(12r) "Self-contained fish rearing facility" means any of the following:
AB100-engrossed,524,1615
(a) An artificial, self-contained body of water that is a fish farm or part of a fish
16farm.
AB100-engrossed,524,1717
(b) A freeze-out pond for which a permit is issued under s. 29.521 (2).
AB100-engrossed,524,2019
29.02
(3m) This section does not permit the seizure by the department, or
20prohibit the possession or sale, of farm-raised deer
or farm-raised fish.
AB100-engrossed,525,3
2229.087 Agreements to retire licenses.
(1) Beginning on the effective date
23of this subsection .... [revisor inserts date], the department may not enter into any
24agreement to make payments to persons holding approvals issued under s. 29.134,
2529.135, 29.136, 29.137, 29.165, 29.166, 29.17, 29.33, 29.34, 29.343, 29.344, 29.36,
129.37, 29.38, 29.52, 29.544, 29.547, 29.573, 29.574, 29.575, 29.578 or 29.585 in
2exchange for the retirement of the approval or for the temporary or permanent
3cessation of any activity authorized under the approval.
AB100-engrossed,525,9
4(2) Notwithstanding sub. (1), an agreement entered into by the department
5before the effective date of this subsection .... [revisor inserts date], to make
6payments to persons holding commercial fishing licenses in exchange for the
7retirement of the licenses or for the permanent or temporary cessation of commercial
8fishing shall remain valid except that no moneys may be expended from the
9conservation fund to make payments under the agreement.
AB100-engrossed, s. 967n
10Section 967n. 29.087 (1) of the statutes, as created by 1997 Wisconsin Act ....
11(this act), is amended to read:
AB100-engrossed,525,1812
29.087
(1) Beginning on the effective date of this subsection .... [revisor inserts
13date], the department may not enter into any agreement to make payments to
14persons holding approvals issued under s. 29.134, 29.135, 29.136, 29.137, 29.165,
1529.166, 29.17, 29.33, 29.34, 29.343, 29.344, 29.36, 29.37, 29.38,
29.52, 29.544, 29.547,
1629.573, 29.574, 29.575, 29.578 or 29.585 in exchange for the retirement of the
17approval or for the temporary or permanent cessation of any activity authorized
18under the approval.
AB100-engrossed,526,820
29.09
(1m) Conditions and restrictions on licenses and other approvals. A
21hunting, trapping or fishing approval may be issued only to and obtained only by a
22natural person entitled to the approval. Except as provided under sub. (12) (a), a
23resident hunting, trapping or fishing approval may be issued only to a person who
24presents to the
county clerk or issuing agent
or the department definite proof of his
25or her identity and that he or she is a resident. No more than one of the same series
1of approval may be issued to the same person in any year. Except as provided under
2s. 29.33 (2) (d), no person may transfer his or her approval or permit the use of any
3approval by any other person and no person while hunting, trapping or fishing may
4use or carry any approval issued to another person.
No Except as authorized by rules
5promulgated under sub. (3m) (a) 2., no person may obtain a hunting, trapping or
6fishing approval for another person. No approval authorizing hunting may be issued
7to any person who is prohibited from obtaining this type of approval under s. 29.226
8or 29.227 (1) (c).
AB100-engrossed,526,1110
29.09
(3) (a)
Date; expiration. Each license or stamp
issued under this chapter 11shall state for what period the license or stamp is effective and the date of expiration.
AB100-engrossed,526,1513
29.09
(3m) Forms of approvals. (a)
Department rules. The department shall
14promulgate rules regulating the issuance of approvals. The rules shall include all
15of the following:
AB100-engrossed,526,1616
1. The signature requirements, if any, for each type of approval.
AB100-engrossed,526,1817
2. The conditions, if any, under which a person may be issued an approval for
18another person.
AB100-engrossed,526,2119
3. The authorized forms for stamps, which may include facsimiles, and the
20methods of attaching stamps to or imprinting stamps on other approvals issued
21under this chapter.
AB100-engrossed,526,2523
29.09
(3r) Issuance of approvals by department and by agents. (a) In issuing
24approvals under this section, the department may do any of the following for each
25type of approval:
AB100-engrossed,527,1
11. Directly issue the approvals.
AB100-engrossed,527,32
2. Appoint, as an agent of the department, the clerk of one or more counties to
3issue the approvals.
AB100-engrossed,527,54
3. Appoint persons who are not employes of the department to issue the
5approvals as agents of the department.
AB100-engrossed,527,76
(b) The clerk of each county appointed under par. (a) 2. may accept the
7appointment.
AB100-engrossed,527,108
(c) The department shall promulgate rules for each type of approval under this
9chapter that specify which persons appointed under par. (a) shall issue that type of
10approval.
AB100-engrossed,527,1211
(d) The department may promulgate rules regulating the activities of persons
12appointed under par. (a) 2. and 3.
AB100-engrossed,528,214
29.09
(4) Duplicates. If any license, permit, certificate or card is lost, the
15person to whom the license, permit, certificate or card was issued may apply to the
16department for a duplicate, submitting an affidavit proving loss.
The department
17may accept information in a form other than an affidavit. The department shall
18make an inquiry and investigation as it deems necessary. If the department is
19satisfied that the
facts are as stated in the affidavit loss has been proven, the
20department may issue a duplicate license, permit, certificate or card to the applicant.
21Back tags and other tags issued with a license, permit, certificate or card are parts
22of the license, permit, certificate or card and loss of any part is deemed to be loss of
23the entire license, permit, certificate or card. Upon applying for a duplicate
approval 24license, permit, certificate or card, the applicant shall surrender all parts of the
25original
approval remaining in his or her possession to the department. No duplicate
1stamp may be issued and if a stamp is lost, the person to whom it was issued is
2required to apply and pay the regular fee in order to receive a new stamp.
AB100-engrossed,528,125
29.09
(3m) (b)
Blanks. The department shall prepare, procure the printing of
6and supply all necessary blanks for approvals issued under this chapter and related
7applications
. Approval blanks and applications may be numbered consecutively, at
8the time of printing, in a separate series for each kind of approval. Each license blank
9shall be provided with a corresponding stub numbered with the serial number of the
10license. Each requisition for the printing of approval blanks shall specify any serial
11numbers to be printed on the blanks. The department or a county clerk may issue
12approvals only on blanks supplied by the department for approvals.
AB100-engrossed,528,1917
29.09
(8) Record of approvals issued. The department shall keep a complete
18record of all approvals issued.
The department is accountable for all unused
19approval blanks.
AB100-engrossed,528,2521
29.09
(8m) (b) A person holding a current fishing license
issued under this
22chapter and a trolling permit or a permit issued under sub. (9) (c) 1. may fish or troll
23in the waters of this state using an electric motor with no more than 36 pounds of
24thrust, notwithstanding any ordinances enacted under s. 30.77 (3) that prohibit the
25use of motor boats on navigable waters.
AB100-engrossed,529,22
29.09
(9m) (a) 9. Sturgeon fishing permit.
AB100-engrossed,529,64
29.09
(9r) (c) Any fees collected under this subsection shall be deposited in the
5conservation fund and credited to the appropriation account under s. 20.370
(1) (Lu) 6(9) (hu).
AB100-engrossed,529,138
29.09
(10) (a)
Collection of issuing fee. A person authorized to issue Any person,
9including the department ,who issues any license or stamp
prescribed by under this
10chapter shall collect, in addition to the statutory license or stamp fee, an issuing fee
11for each license and each stamp the person issued
. A person appointed under sub.
12(3r) (a) 2. or 3. may retain the amounts specified in par. (c) to compensate for services
13in issuing the license or stamp.
AB100-engrossed,529,1915
29.09
(10) (c) (title)
Nonpublic issuing Issuing agents. Deputies A person
16appointed
by county clerks, other than county employes, and deputies appointed by
17the department, other than state employes, are entitled to under sub. (3r) (a) 2. or
183. may retain 50 cents of each issuing fee for licenses and 15 cents of each issuing fee
19for stamps.
AB100-engrossed,530,822
29.09
(12) (a)
Certain resident licenses may be issued to students and members
23of the armed forces. Notwithstanding sub. (1m) and s. 29.14 (1) (a), the department
24and the county clerk of each county shall issue a resident fishing license, resident
25small game hunting license or resident deer hunting license to a qualified student
1or qualified member of the armed forces applying for the license. A qualified student
2is a person who exhibits proof that he or she is a registered full-time undergraduate
3student in residence at a public or private college or university located in this state
4and offering a bachelor's degree or that he or she is a citizen of a foreign country
5temporarily residing in this state while attending a high school located in this state
6or an agricultural short course at the university of Wisconsin system. A qualified
7member of the armed forces is a person who exhibits proof that he or she is in active
8service with the U.S. armed forces and that he or she is stationed in this state.
AB100-engrossed,530,1310
29.09
(12) (b)
Resident armed forces fishing license. An annual fishing license
11shall be issued by the department
or a county clerk to any member of the U.S. armed
12forces applying for this license who exhibits proof that he or she is in active service
13with the armed forces and that he or she is a resident on furlough or leave.
AB100-engrossed,530,1915
29.09
(12) (c)
Resident armed forces small game hunting license. A small game
16hunting license shall be issued by the department
or by a county clerk to any member
17of the U.S. armed forces applying for this license who exhibits proof that he or she
18is in active service with the armed forces and that he or she is a resident on furlough
19or leave.
AB100-engrossed,530,2521
29.09
(13) Stamps; artwork. The department
shall may design and produce
22waterfowl hunting stamps, pheasant hunting stamps, wild turkey hunting stamps,
23inland waters trout stamps and Great Lakes trout and salmon stamps. The
24department may select artwork for stamps through a contest or otherwise may
25acquire original artwork for stamps.
AB100-engrossed,531,43
29.092
(2) (em)
Resident wild turkey. The fee for a resident wild turkey hunting
4license is
$10.25 $9.25.
AB100-engrossed,531,87
29.092
(2) (kd)
Nonresident wild turkey. The fee for a nonresident wild turkey
8hunting license is
$54.25 $53.25.
AB100-engrossed,531,1110
29.092
(3r) (b) All moneys collected under par. (a) shall be deposited into the
11account under s. 20.370
(1) (is) (3) (is).
AB100-engrossed,531,1313
29.092
(8) (title)
Bait dealer and fish hatchery licenses.
AB100-engrossed,531,2019
29.092
(8m) Fish farm permits. The fee for a fish farm permit is the amount
20established under s. 29.521 (2) (f).
AB100-engrossed,532,222
29.092
(13m) (a) The processing fee for an application for a hunter's choice deer
23hunting permit, a bonus deer hunting permit, a wild turkey hunting license, a
24Canada goose hunting permit, a sharp-tailed grouse hunting permit, a bobcat
1hunting and trapping permit, an otter trapping permit
or, a fisher trapping permit
2or a sturgeon fishing permit is $2.75.
AB100-engrossed,532,125
29.092
(14) (a)
Surcharge generally. In addition to the fees specified under
6subs. (2) (a) and (c) to
(k) (kd), (3v) (a) 1. and (am) and (4) (a) and (am), a person who
7applies for a resident small game,
resident wild turkey, resident deer, resident
8Class A or Class B bear, resident archer, nonresident annual small game,
9nonresident 5-day small game,
nonresident wild turkey, nonresident deer,
10nonresident Class A or Class B bear, nonresident fur-bearing animal, nonresident
11archer license, resident sports license, or nonresident sports license shall pay a
12wildlife damage surcharge of $1.
AB100-engrossed,532,1715
29.092
(14) (b)
Addition of surcharge. The wildlife damage surcharge shall be
16added to the fee provided in sub. (2) (a) or (c) to
(k) (kd), (3v) (a) 1. or (am) or (4) (a),
17(am), (b) or (bn).
AB100-engrossed,532,2319
29.092
(14) (c)
Use of surcharge fees. The wildlife damage surcharge shall be
20collected as are other approval fees and the surcharge fees shall be deposited in the
21conservation fund to be used for the wildlife damage abatement program,
for the
22wildlife damage claim program
, for wildlife abatement and control grants under s.
2329.595 and for removal activities by the department under s. 29.59.
AB100-engrossed,533,4
129.092
(16) Fees held in trust. All fees collected under this section for
2approvals issued under this chapter
that are required to be remitted to the
3department shall be held in trust for the state. Any person who collects, possesses
4or manages fees for approvals acts in a fiduciary capacity for the state.