AB864, s. 117
4Section
117. 29.08 of the statutes is renumbered 29.043 and amended to read:
AB864,43,22
529.043 Interstate comity. (1) Whenever any other state confers upon the
6officers of this state reciprocal powers, any officer of
such the other state, who is
by
7the laws of that state authorized
or directed to enforce the laws of that state relating
8to the protection of wild animals, is
hereby designated an agent of that state within
9this state.
It shall be lawful for said The officer
to may follow any wild animal
, or
10carcass
or part thereof unlawfully shipped or taken from the officer's state into this
11state,
and seize and convey
the same
it back to the officer's state
; and so far as
12concerns any such wild animal, or carcass or part thereof, the. The laws of the state
13concerning the wild animal or carcass from which the
same wild animal or carcass 14was brought into this state are
hereby adopted as the laws of this state.
15Transportation companies shall deliver to
such the officer, upon submission of proper
16proof of the officer's official capacity, any wild animal
, or carcass
or part thereof, so
17demanded or that is seized by the officer.
Said The officer may dispose of
any such 18a wild animal
, or carcass
or part thereof, within this state, in accordance with the
19laws of the
officer's state
from which the same was taken or shipped, under the
20supervision of the department
or its wardens. Expenses for
such the department's 21assistance shall be a lien upon
such the wild animal or carcass
or part thereof, or
the 22proceeds
thereof of the sale.
AB864,44,4
1(2) Except as provided in sub. (1), the department
or its wardens shall may 2seize, hold and dispose, according to the laws of this state, of any wild animal
, or
3carcass
or part thereof, brought or shipped into or through this state, or attempted
4to be carried through this state, in violation of the laws of any other state.
AB864,44,10
5(3) The
state game warden officers of every other state
, and the warden's
6deputies and all other officers therein charged with
the enforcement of enforcing the
7laws
of another state relating to wild animals are
hereby designated agents of this
8state for the taking possession, seizing, holding and disposing, within
such the other 9state, of any wild animal
, or carcass
or part thereof, protected by the laws of this
10state.
AB864,44,15
11(4) Whenever and so long as If any other state confers upon the officers of this
12state reciprocal powers, the department may appoint persons who
shall have been
13appointed game wardens or deputy game wardens of such are charged with enforcing
14the laws of the other state
relating to wild animals to act as
and have all the powers
15of wardens of this state, but without compensation from this state.
AB864, s. 118
16Section
118. 29.085 of the statutes is renumbered 29.041 and amended to
17read:
AB864,44,24
1829.041 Department to regulate hunting and fishing in interstate
19waters. The department may regulate hunting and fishing on and in all interstate
20boundary waters, and outlying waters
specified in s. 29.01 (9) and (11). Any act of
21the department in so regulating the hunting and fishing on and in such interstate
22boundary waters and outlying waters shall be valid, all other provisions of the
23statutes notwithstanding, provided such powers shall be exercised pursuant to and
24in accordance with ss. 23.09 (2) and 29.174.
Note: The 2nd sentence of current s. 29.085 is superfluous. The DNR is authorized
to regulate hunting and fishing on interstate boundary waters and outlying waters and
the statement in the 2nd sentence that those regulations are valid serves no purpose.
There are no "other provisions" anywhere in the statutes that create doubt or negate the
validity of the authority granted in the first sentence. The statement regarding
exercising the authority pursuant to ss. 23.09 (2) and 29.174 adds nothing, because the
DNR is obligated to comply with those statutes.
AB864,45,125
29.042
(1) Beginning on January 1, 1998, the department may not enter into
6any agreement to make payments to persons holding approvals issued under s.
729.134, 29.135, 29.136, 29.137, 29.165, 29.166, 29.17, 29.33, 29.34, 29.343, 29.344,
829.36, 29.37, 29.38, 29.544, 29.547, 29.573, 29.574, 29.575, 29.578 or 29.585 29.501,
929.503, 29.506, 29.509, 29.512, 29.514, 29.519, 29.523, 29.526, 29.529, 29.531,
1029.533, 29.537, 29.607, 29.611, 29.614, 29.865, 29.867, 29.869, 29.871 or 29.877 in
11exchange for the retirement of the approval or for the temporary or permanent
12cessation of any activity authorized under the approval.
AB864, s. 122
15Section
122. 29.09 (title) of the statutes is repealed.
AB864, s. 123
16Section
123. 29.09 (1) of the statutes is renumbered 29.024 (1) and amended
17to read:
AB864,46,618
29.024
(1) (title)
License or other approval Approvals required
for hunting,
19trapping or fishing. Except as specifically provided
otherwise by s. 29.155 (1g) and
20(1h) or another section of in this chapter, no person may hunt
any wild animal, or trap
21any game or in this state, fish
for fish in the waters of this state
or engage in any of
1the activities regulated under this chapter unless the appropriate approval is issued
2to the person. A person shall carry the required approval with him or her at all times
3while hunting, trapping or fishing
or engaged in regulated activities unless
4otherwise required by
another section of this chapter or unless otherwise authorized
5or required by the department. A person shall exhibit the approval to the
6department or its wardens on demand.
Note: Current s. 29.09 contains provisions relating to hunting, trapping and
fishing licenses and other approvals, duties of county clerks, permits for disabled persons,
processing fees, issuing fees, licenses for certain students and members of the armed
forces and stamps.
This bill creates new sections of the statutes relating to approvals, forms and duties
of county clerks and places the relevant portions of s. 29.09 in the new sections. The bill
also makes the provisions relating to approvals and forms applicable to all approvals and
forms issued under the chapter, rather than placing a cross-reference to these provisions
in each individual license or permit statute as is currently the case.
AB864,47,49
29.024
(2) (title)
Conditions and restrictions on licenses and other
10approvals. A hunting, trapping or fishing approval may be issued only to and
11obtained only by a natural person entitled to the approval. Except as provided under
12sub. (12) (a) s. 29.194 (1), a resident hunting, trapping or fishing approval may be
13issued only to a person who presents to the issuing agent or the department definite
14proof of his or her identity and that he or she is a resident. No more than one of the
15same series of approval may be issued to the same person
for the same hunting or
16fishing season in any year
except as authorized by the department. Except as
17provided under s.
29.33 (2) (d) 29.519 (2) (d) or by rule, no person may transfer his
18or her approval or permit the use of any approval by any other person and no person
19while hunting, trapping or fishing may use or carry any approval issued to another
20person. Except as authorized by rules promulgated under sub. (3m) (a) 2., no person
1may obtain a hunting, trapping or fishing approval for another person. No approval
2authorizing hunting
, trapping, fishing or any other activity regulated by this chapter 3may be issued to any person who is prohibited from obtaining this type of
an approval
4under
s. 29.226 or 29.227 (1) (c) this chapter.
AB864, s. 125
5Section
125
. 29.09 (2) of the statutes is renumbered 29.024 (3).
AB864, s. 126
6Section
126. 29.09 (3) (title) of the statutes is renumbered 29.024 (4) (title) and
7amended to read:
AB864,47,88
29.024
(4) (title)
Form of license approval.
AB864,47,1311
29.024
(4) (a)
Date; expiration. Each
license or stamp approval issued under
12this chapter shall state for what period the
license or stamp approval is effective and
13the date of expiration.
AB864, s. 128
14Section
128. 29.09 (3) (b) of the statutes is renumbered 29.024 (4) (b) and
15amended to read:
AB864,47,2516
29.024
(4) (b)
Name; description; signature. Each license
or permit issued shall
17state contain the name and
residence address of the
licensee
holder, a description of
18the
licensee holder and
such other
matter as may be determined information
19required by the department. Each license
or permit shall
, if required by the
20department under sub. (5) (a) 1., bear upon its face
a true the signature of the
licensee 21holder and the date of issuance and shall be signed by the issuing agent.
All licenses
22shall be issued in English and in ink. Each stamp shall, if required by the
23department under sub. (5) (a) 1., bear upon its face the signature of the holder. The
24department may apply any of the requirements of this subsection to other forms or
25approvals.
AB864, s. 129
1Section
129. 29.09 (3) (c) of the statutes is repealed.
Note: Current s. 29.09 (3) (c) provides:"29.09 (3) (c) Wild turkey hunting stamps.
Each wild turkey hunting stamp shall bear upon its face a true signature of the person
to whom it is issued.".
Note: The provision is repealed since provisions relating to stamps and signatures
are combined in new subch. II, ch. 29.
AB864,48,8
629.024
(5) (b)
Blanks. The department shall prepare, procure the printing of
7and supply all necessary blanks for
applications and approvals issued under this
8chapter and related applications for approvals.
AB864,49,4
1329.024
(7) Duplicates. If any license, permit, certificate or card is lost, the
14person to whom the license, permit, certificate or card was issued may apply to the
15department for a duplicate
, by submitting an affidavit proving loss. The department
16may accept information in a form other than an affidavit. The department shall
17make an inquiry and investigation as it
deems considers necessary. If the
18department is satisfied that the loss has been proven, the department may issue a
19duplicate license, permit, certificate or card to the applicant. Back tags and other
20tags issued with a license, permit, certificate or card are parts of the license, permit,
21certificate or card and loss of any part is
deemed
considered to be loss of the entire
22license, permit, certificate or card. Upon applying for a duplicate license, permit,
1certificate or card, the applicant shall surrender all parts of the original remaining
2in his or her possession to the department. No duplicate stamp may be issued and
3if a stamp is lost, the person to whom it was issued is required to apply and pay the
4regular fee in order to receive a new stamp.
AB864, s. 135
7Section
135
. 29.09 (8m) (title) and (a) of the statutes are renumbered 29.193
8(1) (title) and (a) and amended to read:
AB864,49,129
29.193
(1) (title)
Disabled persons; trolling Trolling permits. (a)
After
10proper application, the The department shall, after
due an investigation and without
11charging a fee, issue a trolling permit to any person who meets the requirements
12under s.
29.104 (4) 29.171 (3) (a) 2. or 4.
AB864,49,1915
29.193
(1) (b) A person holding a current fishing license issued under this
16chapter and a trolling permit
issued under par. (a) or a permit issued under sub.
(9) 17(2) (c) 1. may fish or troll in the waters of this state using an electric motor with no
18more than 36 pounds of thrust, notwithstanding any ordinances enacted under s.
1930.77 (3) that prohibit the use of motor boats on navigable waters.
AB864, s. 137
20Section
137. 29.09 (9) (title) of the statutes is renumbered 29.193 (2) (title) and
21amended to read:
AB864,49,2222
29.193
(2) (title)
Disabled persons; hunting Hunting permits.
AB864, s. 138
23Section
138. 29.09 (9) (a) (intro.) and 1. of the statutes are renumbered 29.193
24(2) (a) (intro.) and 1.
AB864, s. 139
1Section
139. 29.09 (9) (a) 2. and 3. of the statutes are renumbered 29.193 (2)
2(a) 2. and 3. and amended to read:
AB864,50,73
29.193
(2) (a) 2. "Class A permit" means a permit issued to a person with a
4permanent physical disability which authorizes the permit holder to shoot or hunt
5from a stationary
motor vehicle, to fish or troll as authorized under sub.
(8m) (1) (b)
6and to hunt
certain game with a crossbow as authorized under ss.
29.103 (2) (ar) 729.164 (2) (b) and
29.104 29.171 (2).
AB864,50,128
3. "Class B permit" means a permit issued to a person with a permanent or a
9temporary physical disability which allows the permit holder to shoot or hunt from
10a stationary
motor vehicle that is parked off a highway, as defined under s. 340.01
11(22), and parked more than 50 feet from the center of the roadway, as defined under
12s. 340.01 (54).
AB864, s. 140
13Section
140. 29.09 (9) (a) 4. of the statutes is repealed.
AB864, s. 141
14Section
141. 29.09 (9) (a) 5. of the statutes is renumbered 29.193 (2) (a) 5.
AB864, s. 142
15Section
142. 29.09 (9) (b) to (e) of the statutes are renumbered 29.193 (2) (b)
16to (e), and 29.193 (2) (b) 1. and 2. and (d), as renumbered, are amended to read:
AB864,50,1917
29.193
(2) (b) 1.
After proper application, the The department shall, after
due 18investigation and without charging a fee, issue a Class A, Class B or Class C permit
19to any person, as provided in this subsection.
AB864,50,2420
2. An applicant shall submit
an application on a form prepared and furnished
21by the department,
as part of the application, which shall include a written
22statement or report prepared and signed by a licensed physician or licensed
23chiropractor, prepared no more than 6 months preceding the application and
24verifying that the applicant is physically disabled.
AB864,51,7
1(d)
Assistance. 1. A holder of a Class A or Class B permit may be accompanied
2by a person who is not eligible to apply for a Class A or Class B permit. The
3accompanying person may not hunt or carry a firearm, bow or crossbow unless
4authorized that person has been issued the appropriate approval to do so. The
5assistance rendered by an accompanying person who
is
has not
authorized to hunt
6or carry a firearm, bow or crossbow been issued the appropriate approval is limited
7to field dressing, tagging and retrieving
deer or other game for the permit holder.
AB864,51,148
2. A holder of a Class C permit shall be accompanied by a person who is not
9eligible to apply for a permit under this section. The accompanying person may not
10hunt or carry a firearm, bow or crossbow unless
authorized the person has been
11issued the appropriate approval to do so. The assistance rendered by an
12accompanying person may include sighting the firearm, bow or crossbow, identifying
13the
deer or other game and field dressing, tagging and retrieving
deer or other game
14for the permit holder.
AB864, s. 143
15Section
143. 29.09 (9m) (title) of the statutes is renumbered 29.553 (title) and
16amended to read:
AB864,51,17
1729.553 (title)
Processing fees for applications for certain approvals fee.
AB864,51,2320
29.553
(1) (intro.) Except as provided in
par. (c) sub. (3), if the department
21issues any of the following approvals, a nonrefundable processing fee, in addition to
22any other fee imposed under s.
29.092 29.563, shall be collected for each
application
23for such an approval:
AB864, s. 145
24Section
145. 29.09 (9m) (a) 1. to 7. of the statutes are renumbered 29.553 (1)
25(a) to (g).
AB864,52,157
29.553
(2) If a person applies jointly for a hunter's choice deer hunting permit
8and a bonus deer hunting permit, the person shall pay a single processing fee. A
9person who applies for a bonus deer hunting permit is exempt from paying an
10additional processing fee if the person has already applied for a hunter's choice deer
11hunting permit for the same season. If the department authorizes the issuing of
12more than one bonus deer hunting permit to a person in a single season under s.
1329.1075 29.181 (2) or (2m), the person is exempt from paying an additional
14processing fee for an application for the 2nd or subsequent bonus deer hunting
15permit.
AB864,52,2118
29.553
(3) The department may waive the processing fee for the approvals
19specified in
par. (a) 1., 1m. and 3. to 7. sub. (1) (a), (am) and (c) to (g) for persons who
20apply for or are holders of resident conservation patron licenses and nonresident
21conservation patron licenses.
AB864, s. 150
22Section
150
. 29.09 (9r) (title), (a) and (b) of the statutes are renumbered 29.556
23(title), (1) and (2) and amended to read:
AB864,53,3
2429.556 (title)
Handling fees for applications for certain approvals fee. 25 (1) In addition to any other fee imposed under s.
29.092 29.563, the department may
1collect
a handling
fees
fee for the approvals that the department itself issues.
The
2handling fees shall cover the costs associated with paying for approvals that are
3requested by mail, telephone or electronic means.
AB864,53,11
4(2) If the department collects
a handling
fees fee under
par. (a) sub. (1), it shall
5promulgate rules to designate the approvals to which the
fees shall apply fee applies 6and to establish the amounts of the
fees fee. The
fees fee may not be more than the
7amounts necessary to cover the handling costs of issuing the approvals. In this
8paragraph, "handling costs" includes
the costs associated with paying for approvals
9that are requested by mail, telephone or electronic means and includes credit
10transaction fees, mailing costs and personnel costs that are necessary to process the
11credit transaction.
AB864,53,1614
29.556
(3) Any fees collected under this
subsection section shall be
deposited
15in the conservation fund and credited to the appropriation account under s. 20.370
16(9) (hu).
AB864, s. 152
17Section
152
. 29.09 (10) (title) of the statutes is renumbered 29.559 (title) and
18amended to read:
AB864,53,19
1929.559 (title)
Issuing fee required.
AB864,54,222
29.559
(1) Collection of issuing fee. Any person, including the department,
23who issues any license or stamp under this chapter shall collect, in addition to the
24statutory license or stamp fee, an issuing fee for each license and each stamp the
25person issued. A person appointed under
sub. (3r)
s. 29.024 (6) (a) 2. or 3. may retain
1the amounts specified in
par. (c) sub. (3) to compensate for services in issuing the
2license or stamp.
AB864, s. 154
3Section
154. 29.09 (10) (am) of the statutes is renumbered 29.559 (1m) and
4amended to read:
AB864,54,75
29.559
(1m) Collection of issuing fee for certain approval applications. A
6person authorized to distribute an application under
sub. (9m) s. 29.553 shall collect,
7in addition to the processing fee, an issuing fee for each application.
AB864, s. 155
8Section
155. 29.09 (10) (b) of the statutes is renumbered 29.559 (2).
AB864,54,1311
29.559
(3) Issuing agents. A person appointed under
sub. (3r) s. 29.024 (6) (a)
122. or 3. may retain 50 cents of each issuing fee for licenses and 15 cents of each issuing
13fee for stamps.
Note: Current statutes relating to authorizing processing fees, handling fees and
issuing fees for hunting, fishing and other approvals are placed in the subchapter VII
relating to fees and effective periods for approvals.
AB864, s. 157
14Section
157. 29.09 (12) (title) of the statutes is repealed.
AB864,55,617
29.194
(1) Certain resident licenses may be issued to students and members
18of the armed forces. Notwithstanding
sub. (1m) and s. 29.14 ss. 29.024 (2) and
1929.228 (1) (a), the department shall issue a resident fishing license, resident small
20game hunting license or resident deer hunting license to a qualified student or
21qualified member of the armed forces applying for the license. A qualified student
22is a person who exhibits proof that he or she is a registered full-time undergraduate
23student in residence at a public or private college or university located in this state
1and offering a bachelor's degree or that he or she is a citizen of a foreign country
2temporarily residing in this state while attending a high school located in this state
3or an agricultural short course at the
university
University of Wisconsin
system 4System. A qualified member of the armed forces is a person who exhibits proof that
5he or she is in active service with the U.S. armed forces and that he or she is stationed
6in this state.
Note: The bill renumbers the current provisions relating to issuing certain
hunting licenses to students and members of the armed forces.
Note: This provision is placed in new s. 29.024, relating to the DNR's duties to
develop and provide forms for approvals.
Note: Current s. 29.092, relating to fees for hunting, fishing and other approvals,
is repealed except for a provision relating to holding fees in trust. New s. 29.563 contains
the current fee schedule in a revised and simplified format that specifies, for each
category or type of approval, the current fee, as affected by
1997 Wisconsin Acts 1 and
27.