AB61: Bill Text

AB61, s. 54 Section 54. 29.1085 (2) (title) of the statutes is repealed and recreated to read:

AB61,11,2 29.1085 (2) (title) Licenses; prohibitions; authorization.

AB61, s. 55 Section 55. 29.1085 (2) (a) of the statutes is repealed and recreated to read:

AB61,11,5 29.1085 (2) (a) Prohibition. Except as authorized under a Class A bear license or a Class B bear license and under sub. (2m), no person may do any of the following:

AB61,11,6 1. Hunt bear.

AB61,11,8 2. Assist a person in hunting bear by tracking bear, trailing bear or engaging in any other activity to locate bear.

AB61,11,9 3. Bait bear.

AB61,11,11 4. Train a dog to track bear, to trail bear or to otherwise engage in any activity that contributes to locating bear.

AB61, s. 56 Section 56. 29.1085 (2) (am) of the statutes is created to read:

AB61,11,15 29.1085 (2) (am) Evidence of bear hunting. The fact that a person is observing a bear while possessing a firearm is not sufficient evidence to prove that the person holding the firearm is hunting bear.

AB61, s. 57 Section 57. 29.1085 (2) (b) of the statutes is repealed.

AB61, s. 58 Section 58. 29.1085 (2) (bg) of the statutes is created to read:

AB61,11,20 29.1085 (2) (bg) Authorization; Class A bear license. A Class A bear license authorizes a resident or nonresident holder of the license to hunt bear and to exercise all of the privileges of a Class B bear license.

AB61, s. 59 Section 59. 29.1085 (2) (br) of the statutes is created to read:

AB61,11,23 29.1085 (2) (br) Authorization; Class B bear license. A Class B bear license authorizes a resident or nonresident holder of the license to do only the following:

AB61,12,3 1. Assist a holder of a Class A bear license in hunting bear by tracking bear, trailing bear or otherwise engaging in an activity that contributes to locating bear and that is authorized by rule by the department.

AB61,12,4 2. Bait bear.

AB61,12,6 3. Train a dog to track bear, to trail bear or to otherwise engage in an activity that contributes to locating bear and that is authorized by rule by the department.

AB61, s. 60 Section 60. 29.1085 (2) (c) of the statutes is repealed.

AB61, s. 61 Section 61. 29.1085 (2g) of the statutes is created to read:

AB61,12,13 29.1085 (2g) Use of dogs. Notwithstanding ss. 95.21 (2) (f) ,174.053 (2) and 174.07 (1) (e), a person shall keep a collar on a dog and shall keep attached to the collar any tag required under ss. 95.21 (2) (f), 174.053 (2) and 174.07 (1) (e) while the person is using the dog to hunt bear or to engage in any of the activities specified in sub. (2) (br) 1. to 3.

AB61, s. 62 Section 62. 29.1085 (2m) of the statutes is created to read:

AB61,12,17 29.1085 (2m) Exemption. A person under the age of 12 years may engage in the activities authorized under sub. (2) (br) 1. to 3. without holding a Class B bear license.

AB61, s. 63 Section 63. 29.1085 (3) (a) of the statutes is renumbered 29.1085 (3) (a) 1. and amended to read:

AB61,12,23 29.1085 (3) (a) 1. A person who seeks a Class A or Class B bear harvest permit shall hold a bear hunting license valid for the applicable bear hunting season at the time of application and shall apply to the department on forms provided by the department.

AB61,12,25 3. The department may specify other information to be included in the application and other requirements and procedures for application.

AB61, s. 64 Section 64. 29.1085 (3) (a) 2. of the statutes is created to read:

AB61,13,8 29.1085 (3) (a) 2. The applicant shall specify on the application the starting and ending date of the period of time during which the applicant will hunt bear or engage in any of the activities specified in sub. (2) (br) 1. to 3. and the area in the state in which the applicant will hunt bear or engage in any of the activities specified in sub. (2) (br) 1. to 3. The period of time specified to hunt bear may not exceed 21 days. The license shall state on its face the area of the state and the periods of time specified by the applicant.

AB61, s. 65 Section 65. 29.1085 (3) (b) of the statutes is amended to read:

AB61,13,25 29.1085 (3) (b) (title) Continuous Cumulative preference system; random selection. If the number of qualified applications for Class A bear harvest permits licenses exceeds the number of available permits licenses, the department shall select applicants to be issued Class A bear harvest permits licenses based upon a continuous cumulative preference system. This system shall establish preference categories for those applicants who applied for but did not receive a who were not issued Class A bear licenses or bear harvest permit permits under s. 29.1085 (3) (b), 1993 stats., in the previous season, with the highest preference category for those who applied for but did not receive the permit in the most consecutive preceding seasons have the most preference points. The department shall give a preference point to each applicant who applies for a given season and who is not selected or who is selected but declines to pay the required fee for a Class A bear license. Applicants who fail to apply at least once during any 3 consecutive years shall lose all previously accumulated preference points. The department shall select at random the applicants to be issued Class A bear harvest permits licenses within each preference category.

AB61, s. 66 Section 66. 29.1085 (3) (c) of the statutes is renumbered 29.1085 (3) (c) 1. and amended to read:

AB61,14,6 29.1085 (3) (c) 1. The department shall issue a notice of approval to those qualified applicants selected to receive a Class A bear harvest permit license. A person who receives a notice of approval and who pays the required fee as required by the department shall be issued a bear harvest permit the license.

AB61, s. 67 Section 67. 29.1085 (3m) of the statutes is created to read:

AB61,14,11 29.1085 (3m) Restrictions. No person may hunt bear or engage in any of the activities specified in sub. (2) (br) 1. to 3. outside the period of time specified on the license or outside the area in the state specified on his or her Class A or Class B bear hunting license.

AB61, s. 68 Section 68. 29.1085 (4) of the statutes is amended to read:

AB61,14,16 29.1085 (4) Use of fees. Fees received from the issuance of bear harvest permits licenses under this section shall be paid into the conservation fund to be used for administering bear hunting licenses and bear harvest permits and for bear management activities.

AB61, s. 69 Section 69. 29.1085 (5) of the statutes is amended to read:

AB61,14,21 29.1085 (5) Carcass tag. The department shall issue a bear carcass tag to each person who is issued a Class A bear harvest permit license. A person who kills a bear shall immediately validate and attach the carcass tag to the bear. The carcass tag shall be attached and validated according to rules promulgated by the department.

AB61, s. 70 Section 70. 29.1085 (5g) of the statutes is created to read:

AB61,15,2 29.1085 (5g) Back tag. The department shall issue a back tag to each person who is issued a Class A bear license, and the department or county clerk shall issue a back tag to each person who is issued a Class B bear licence. The back tag shall be in the form and numbered as required by the department.

AB61, s. 71 Section 71. 29.1085 (5r) of the statutes is created to read:

AB61,15,7 29.1085 (5r) List of hunters. The department shall maintain a list containing the time periods and the areas stated on licenses under sub. (3) (a) 2. to inform the public as to when and where persons are hunting bear or engaged in any of the activities specified in sub. (2) (br) 1. to 3.

AB61, s. 72 Section 72. 29.109 (title) of the statutes is repealed.

AB61, s. 73 Section 73. 29.109 (1) (title) of the statutes is repealed.

AB61, s. 74 Section 74. 29.109 (1) of the statutes is renumbered 29.1085 (3) (c) 2. and amended to read:

AB61,15,14 29.1085 (3) (c) 2. A resident Class B bear hunting license shall be issued subject to s. 29.09 by the department or by a county clerk to any resident applying who applies for this license and who pays the required fee.

AB61, s. 75 Section 75. 29.109 (2) of the statutes is repealed.

AB61, s. 76 Section 76. 29.109 (3) of the statutes is repealed.

AB61, s. 77 Section 77. 29.114 of the statutes is repealed.

AB61, s. 78 Section 78. 29.1475 (2) of the statutes is amended to read:

AB61,16,2 29.1475 (2) Authorization; resident hunting, fishing and trapping privileges. A resident conservation patron license confers upon the licensee all the combined privileges conferred by a resident small game hunting license, resident deer hunting license, resident wild turkey hunting license, resident bear hunting license, resident archer hunting license, waterfowl hunting stamp, pheasant hunting stamp, a wild turkey hunting stamp, resident annual fishing license, sturgeon spearing license, an inland waters trout stamp, a Great Lakes trout and salmon stamp and trapping license.

AB61, s. 79 Section 79. 29.1475 (2m) of the statutes is amended to read:

AB61,16,11 29.1475 (2m) Authorization; nonresident hunting and fishing privileges. A nonresident conservation patron license confers upon the licensee all the combined privileges conferred by a nonresident small game hunting license, nonresident deer hunting license, nonresident wild turkey hunting license, nonresident bear hunting license, nonresident archer hunting license, waterfowl hunting stamp, pheasant hunting stamp, a wild turkey hunting stamp, nonresident annual fishing license, sturgeon spearing license, an inland waters trout stamp and a Great Lakes trout and salmon stamp.

AB61, s. 80 Section 80. 29.22 (3) of the statutes is amended to read:

AB61,16,16 29.22 (3) Back tag, display. No person may hunt deer or bear unless there is attached to the center of the person's coat, shirt, jacket or similar outermost garment where it can clearly be seen the back tag issued to the person with the license authorizing the hunting of deer.

AB61, s. 81 Section 81. 29.245 (3) (b) 3. of the statutes is amended to read:

AB61,16,19 29.245 (3) (b) 3. To a person authorized by the department to conduct a game census or to a person engaged in the observation of bear for educational purposes.

AB61, s. 82 Section 82. 29.245 (5) (b) 1. of the statutes is amended to read:

AB61,16,24 29.245 (5) (b) 1. To a peace officer on official business, an employe of the department on official business or a person authorized by the department to conduct a game census or to a person engaged in the observation of bear for educational purposes.

AB61, s. 83 Section 83. 29.99 (11m) (a) of the statutes is amended to read:

AB61,17,9 29.99 (11m) (a) For shooting, shooting at, killing, taking, catching or possessing a bear without a valid Class A bear harvest permit license, or for possessing a bear which does not have a carcass tag attached or possessing a bear during the closed season, by a fine of not less than $1,000 nor more than $2,000 or by imprisonment for not more than 6 months or both for the first violation, or by a fine of not more than $5,000 or imprisonment for not more than one year or both for any subsequent violation, and, in addition, the court shall revoke all hunting approvals issued to the person under this chapter and shall prohibit the issuance of any new hunting approval under this chapter to the person for 3 years.

AB61, s. 84 Section 84. 29.99 (11m) (b) of the statutes is amended to read:

AB61,17,15 29.99 (11m) (b) Except as provided under par. (a), for the violation of any provision of this chapter or any department rule promulgated under this chapter relating to bear hunting, to the activities specified in s. 29.1085 (2) (br) 1. to 3. or to the validation of a bear carcass tag or registration of a bear, by a forfeiture of not more than $1,000.

AB61, s. 85 Section 85. 29.99 (11m) (c) of the statutes is created to read:

AB61,17,22 29.99 (11m) (c) Any person who is convicted of hunting bear or engaging in any of the activities under s. 29.1085 (2) (br) with a dog that is not in compliance with s. 29.1085 (2g) or the licensing requirements under s. 174.053 or 174.07 shall have his or her Class A or Class B bear hunting license revoked, and no Class A or Class B bear hunting license may be issued to the person for a period of 3 years after the date of conviction.

AB61, s. 86 Section 86 . Nonstatutory provisions.

AB61,18,4 (1) Bear hunting approvals. The department of natural resources shall treat bear hunting licenses issued under sections 29.109 and 29.114 of the statutes after March 31, 1997, and before the effective date of this subsection as Class B bear licenses issued under section 29.1085 of the statutes, as affected by this act, until the licenses expire on March 31, 1998. Holders of these licenses shall comply with section 29.1085 of the statutes, as affected by this act.

AB61, s. 87 Section 87 . Initial applicability.

AB61,18,6 (1) Fish and game licenses and stamps.

AB61,18,10 (a) The treatment of section 29.092 (2) (a), (c), (e), (f), (g), (h), (j), (k) and (m), (3) (a), (b), (c), (h), (i), (j), (k), (L) and (m), (3v) (a) 1. and 2. and (b), (4) (a), (am), (b) and (bn), (6) (a), (7) (a) 4. and (b) 5. and (13) (a), (b), (c) and (d) of the statutes first applies to licenses and stamps issued on the effective date of this paragraph.

AB61,18,12 (b) The treatment of section 29.092 (2) (em) and (kd) of the statutes first applies to licenses issued on the effective date of this paragraph.

AB61,18,15 (2) Wildlife damage surcharge. The treatment of section 29.092 (14) (am) and (b) of the statutes first applies to conservation patron licenses that are issued on the effective date of this subsection.

AB61,18,18 (3) Bear hunting approvals. The treatment of section 29.092 (2) (d), (i), (kg) and (kr) of the statutes first applies to bear hunting approvals issued on the effective date of this subsection.

AB61, s. 88 Section 88. Effective dates. This act takes effect on April 1, 1997, or on the day after publication, whichever is later, except as follows:

AB61,18,23 (1) Wild turkey licenses. The treatment of sections 29.092 (2) (em) and (kd) of the statutes and Section 87 (1) (b ) of this act take effect on July 1, 1997, or on the day after publication, whichever is later.

AB61,19,5 (2) Bear hunting approvals. The treatment of sections 29.01 (8), 29.09 (9m) (a) 8., 29.092 (2) (d), (i), (kg), (kr), (om) and (or), (13) (cm), (13m) (a) and (14) (a), 29.093 (2) (cm), 29.1085 (title), (1), (1b), (2) (title), (a), (am), (b), (bg), (br) and (c), (2g), (2m), (3) (a) 2. and (b), (3m), (4), (5), (5g) and (5r), 29.109 (title), (1), (2) and (3), 29.114, 29.1475 (2) and (2m), 29.22 (3) and 29.99 (11m) (a), (b) and (c) of the statutes and the renumbering of section 29.1085 (3) (a) and (c) of the statutes and Sections 86 (1) and 87 (3 ) of this act take effect on October 15, 1997.

AB61,19,6 (End)