AB864, s. 555
14Section
555. Subchapter VI (title) of chapter 29 [precedes 29.501] of the
15statutes is created to read:
AB864,152,1616
chapter 29
AB864,152,1817
subchapter vi
18
commercial activities
AB864, s. 556
19Section
556. 29.503 (2) (b) of the statutes is created to read:
AB864,152,2220
29.503
(2) (b) No producer of fish who holds a commercial fishing license or
21contract under this chapter shall be required to obtain a license to sell the fish that
22he or she produces.
AB864,153,5
329.709 State fish hatcheries. (intro.) The department
shall have general
4charge may operate state fish hatcheries and may do all of the following
matters for
5operating state fish hatcheries, and all necessary powers therefor, namely:
AB864, s. 559
6Section
559. 29.51 (1) (a), (b) and (c) of the statutes are renumbered 29.709
7(1), (2), (3) and amended to read:
AB864,153,98
29.709
(1) The propagation and breeding of Breed and propagate fish of such
9species and varieties as
they deem it determines to be of value.
AB864,153,11
10(2) The collection and diffusion of useful Distribute information
in regard to 11regarding the propagation and conservation of fish.
AB864,153,15
12(3) The government and control, care, supply, and repair of Manage the state
13fish hatcheries and
the grounds used therefor, whether owned or leased, and the
14buildings, ponds, fish car and other apparatus, and all other property
belonging to
15or held by the state for the propagation of fish.
AB864, s. 560
16Section
560. 29.51 (1) (d) of the statutes is repealed.
Note: The current text of s. 29.51 (1) (d) establishes some of the authority of the
DNR with respect to state fish hatcheries, as follows:
"29.51 (1) (d) The purchase and establishment and control, in like manner, of new
hatcheries when appropriations shall be made by law, and the establishment of such
temporary hatching stations as they may deem necessary. With the consent and approval
of the department, lands may be acquired by grant, devise or conveyance constituting a
voluntary donation to or purchase by the state for the express purpose of enabling it to
use such lands for establishing hatcheries and the propagation of fish."
The DNR has sufficient authority to acquire fish hatcheries under s. 23.09 (2) (d)
4.
AB864,154,719
29.709
(4) Subject to s. 95.60,
the receiving receive from
the U.S.
20commissioners of fisheries, from the commissioners of fisheries of other states or
1from other persons of any person all fish eggs or fish donated to the state or
2purchased, and
in the most practical ways, by exchange or otherwise, to procure,
3receive,
exchange, distribute and dispose of fish eggs and fish
; to make contracts and
4carry on the same for the transportation of fish cars, cans, departmental officers and
5employes by land or water as is most advantageous to the state; and to take such
6other measures as in their judgment best promotes the abundant supply of food
7fishes in the waters of the state.
AB864, s. 562
8Section
562. 29.51 (1) (f) of the statutes is repealed.
Note: The current text of s. 29.51 (1) (f) establishes a portion of the authority of
the DNR with respect to state fish hatcheries, as follows:
"29.51 (1) (f) The department shall keep an inventory of the property of the several
hatcheries, with the cost of each article, and account in detail and separately of the
expenses of each hatchery; also of the distribution of the fish, of maintaining and
repairing property and of such improvements as may be ordered."
These functions are part of normal DNR fiscal and property management and need
not be stated in the statutes.
AB864,154,1711
29.705
(1) Transplantation of fish. The department may take or
cause 12authorize to be taken fish at any time of the year from any waters of the state for
13stocking other waters or for the purpose of securing eggs for
artificial propagation.
14These fish or eggs may be taken only under a
special permit issued by the department
15and only in the presence of
an employe or agent of the department
or its wardens.
16This The permit shall specify the kinds of fish that may be taken and the manner in
17which they may be taken.
AB864,155,820
29.705
(3) Delivery of fish eggs. Any person fishing in any waters of this state
21shall deliver, on demand, to the department or its
wardens or authorized agents, all
1kinds of agent any fish
, during the spawning season, for the purpose of being stripped
2of their eggs and milt
; and the person receiving them
. The department or its agent 3shall, immediately after having stripped the fish, return them to the person from
4whom received.
Any such person shall permit the
The department
, or its
wardens,
5or authorized agents to agent may enter any boats, docks, grounds or other places
6where
such the fish may be, for the purpose of stripping
the same them while alive,
7and
the person possessing the fish shall render
such any assistance
as that may be
8necessary to expedite the work of mixing the eggs and milt for proper impregnation.
AB864,155,2017
29.705
(5) Removal of fish eggs or fish from state. No person may remove
18any fish eggs or live fish from this state except as authorized by law
, unless or
19pursuant to a permit
therefor has been issued
to the person by the department. This
20subsection does not apply to farm-raised fish or eggs from farm-raised fish.
AB864, s. 571
1Section
571. 29.51 (6) of the statutes is renumbered 29.414 and amended to
2read:
AB864,156,8
329.414 Erection of barriers to exclude rough fish. The department may
4for any period in its discretion erect and maintain or authorize erection and
5maintenance of a screen or similar barrier in any navigable stream for the purpose
6of preventing rough fish or other
fish found to be undesirable
fish from invading any
7part of
such the stream,
provided such if the screen or barrier does not unreasonably
8interfere with navigation.
AB864, s. 572
9Section
572. 29.51 (7) (title) of the statutes is repealed.
AB864, s. 573
10Section
573. 29.51 (7) (a) and (b) of the statutes are consolidated, renumbered
1129.411 and amended to read:
AB864,156,15
1229.411 (title)
Cooperation during a fish census. A person who is fishing
13shall cooperate with an employe of the department when the employe is involved in
14taking a fish census.
(b) Section
29.99 29.971 does not apply to this
subsection 15section.
Note: The current text of s. 29.511 is as follows:
"29.511 Cold water fish hatchery. In exercising the powers granted to the
department under s. 29.51 the department shall purchase and establish fish hatchery
facilities specializing in the production of cold water fish. The hatchery shall be located
in a county centrally situated and no farther than 40 miles from Lake Michigan. The
capacity of the fish hatchery should permit a minimum of 40,000 pounds of fish
production."
This provision was created to allow the DNR to establish a cold water fish hatchery.
That hatchery has been established, and the statute no longer serves a purpose.
Note: The current text of s. 29.512 (1) is as follows:
29.512 (1) Upon complaint in writing by an owner or lessee of land to the
department that operation of the well by the department at the Bayfield fish hatchery has
caused damage through disruption of well operations located within 10,000 feet of the fish
hatchery well, the department shall inquire into the matter. If it appears to the
department that the facts stated in the complaint are true, the department shall pay to
the claimant the amount of such damages, as determined by the department."
This provision allowed the DNR to address damage caused by the well at the
Bayfield fish hatchery when the well was constructed. The statute no longer serves a
purpose.
AB864, s. 576
1Section
576. 29.513 (title) of the statutes is renumbered 29.737 (title).
AB864, s. 577
2Section
577. 29.513 (1) to (4) of the statutes are renumbered 29.737 (1) to (4)
3and amended to read:
AB864,157,64
29.737
(1) Any person or persons owning all of the land bordering
on any a 5navigable lake that is completely landlocked may apply to the department for a
6permit to remove, destroy or introduce fish in
such
the lake.
AB864,157,11
7(2) Upon receiving such application the The department shall hold a public
8hearing
on the permit application in the vicinity of
such the lake, and if the
9department determines that the hearing is favorable the department may issue a
10permit authorizing the applicant to remove, destroy or introduce fish in
such the 11lake.
AB864,157,18
12(3) Such permit The department shall
be subject to such impose appropriate 13terms, conditions and limitations
as the department deems proper on the permit. All
14work done under the
authority of such permit shall be under the supervision of
15employes or agents of the department
or its agents, who shall
be afforded have free
16access to
such the lake at all times for
such that purpose
by the permittee. The
17permittee shall pay the expenses of
such the supervision
shall be paid by the
18permittee.
AB864,157,20
19(4) All fish removed from
such the lake under
such a permit shall be
turned over
20to disposed of as directed by the department.
AB864, s. 580
3Section
580. 29.515 of the statutes is renumbered 29.713 and amended to
4read:
AB864,158,6
529.713 Trespass to state fish hatchery. Whoever does any of the following
6without proper authority shall be subject to the penalties under s.
29.99 29.971 (1):
AB864,158,8
7(1) Without proper authority, enters
Enters upon the grounds of
any a state fish
8hatchery for the purpose of killing or taking fish
therefrom; or.
AB864,158,11
9(2) Without proper authority, kills,
Kills or takes
or catches any fish from any
10waters or grounds
which the person knew or should have known belonged to or were
11connected with any of a state fish hatchery
; or.
AB864,158,14
12(3) Without proper authority to do so, intentionally or negligently injures 13Injures any fish, or
in any manner interferes harmfully with the ponds, streams,
14troughs or other property of a state fish hatchery.
Note: The requirement of knowledge in s. 29.515 (2) and the requirement of intent
or negligence in s. 29.515 (3) existed when a criminal penalty was imposed for violation
of this provision. The offense has since been decriminalized, and the penalty is now a civil
forfeiture. The requirement for the prosecutor to prove knowledge, intent or negligence
is typically included in statutes subject to criminal penalties, due to the seriousness of the
penalty. This requirement is not necessary where the penalty is a civil forfeiture and it
is therefore eliminated.
AB864,159,103
29.736
(5) The requirement of being issued a permit under this section
shall 4does not apply to civic organizations, organizations operating newspapers or
5television stations or promoters of sport shows when and in connection with publicly
6showing or exhibiting, giving demonstrations with or providing fishing of fish for
7periods of not to exceed 10 days if the fish are placed in a tank or an artificially
8constructed pond that is a self-contained body of water. Fish used for
such these 9purposes shall have been certified by a qualified inspector to meet the fish health
10standards and requirements promulgated under s. 95.60 (4s) (b).
AB864, s. 586
13Section
586. 29.535 (1) (a) (intro.) of the statutes is renumbered 29.745 (1) (a)
14(intro.) and amended to read:
AB864,159,1615
29.745
(1) (a) (intro.) A person
must be issued shall obtain a permit from the
16department before doing any of the following:
AB864,159,2019
29.745
(1) (a) 1. Importing into the state any wild animal other than fish or
20their eggs for the purpose of introducing
, or stocking
or planting that wild animal.
AB864,159,2423
29.745
(1) (a) 2. Introducing
, or stocking
or planting any wild animal other than
24fish or their eggs.
AB864, s. 589
1Section
589. 29.535 (1) (b) of the statutes is renumbered 29.745 (1) (b) and
2amended to read:
AB864,160,43
29.745
(1) (b)
Applications Application for
such permits a permit shall be made
4in writing on forms provided by to the department.
AB864,160,97
29.745
(1) (c) Permits for introducing
, or stocking
or planting under par. (a) 2.
8shall be issued by the department only after investigation and inspection of the wild
9animals as the department determines
is necessary.
Note: This subsection pertains to DNR authority to import and introduce wild
animals other than fish and is recreated as new s. 29.745 (2).
Note: Section 29.536 relates to municipal fish hatcheries and fisheries. There are
none.
AB864, s. 593
13Section
593. 29.54 of the statutes is renumbered 29.741, and 29.741 (title) and
14(1), as renumbered, are amended to read:
AB864,160,20
1529.741 (title)
State propagation of wild
mammals and birds animals. 16(1) The department may take or purchase
and direct the distribution of wild
17mammals and birds animals and their eggs for propagation.
The distribution thereof
18shall be made throughout the state under the supervision and direction of the
19department and according to its rules This subsection does not apply to farm-raised
20fish.
AB864, s. 594
21Section
594. 29.544 of the statutes is renumbered 29.607, and 29.607 (title),
22(1), (2) (a), (3) (title) and (4) to (7), as renumbered, are amended to read:
AB864,161,4
129.607 (title)
Wild rice conservation; licenses. (1) Title to wild rice. (a)
2The legal title to all wild rice growing in any lake of the state, whether meandered
3or not, is vested in the state for the purpose of regulating harvest, use, disposition
4and conservation
thereof of wild rice.
AB864,161,125
(b) The legal title to
such wild rice taken or reduced to possession in violation
6of this chapter
or of any rule of the department remains in the state
; and the title.
7Title to
any such wild rice lawfully acquired is subject to the condition that upon the
8violation of this
chapter or of any department rule relating to the possession, use,
9harvest, sale or purchase thereof section by the holder of
such title
to the wild rice,
10the
same title shall revert, as a result of the violation, to the state.
In either case,
11such wild rice may be seized forthwith wherever found by the department or its
12agents.
AB864,161,21
13(2) (a)
The department may promulgate such rules governing the harvest, use
14and disposition of wild rice growing in the navigable lakes of the state as it deems
15reasonably necessary for the conservation and wise use thereof. The secretary may
16designate the opening date for harvesting wild rice in any navigable lake or stream
17by posting notice of
such the opening date on the shores of and at places of public
18access to
such the lake at least 24 hours before
such the opening date, unless the
19department promulgates by rule a different time period required for notice.
Such
20posting Posting is
deemed sufficient notice of
such the opening date and no other
21publication
thereof is required.
AB864,161,22
22(3) (title)
License required; exceptions; wild rice identification card.
AB864,161,25
23(4) Licenses. (a)
Wild rice harvest license. No wild rice harvest license is
24required of helpers of a licensee who participate only in shore operations. Wild rice
25harvest licenses may be issued only to residents
of this state.
AB864,162,13
1(b)
Wild rice dealer license. A wild rice dealer license is required to buy wild
2rice within the state for resale to anyone except consumers, or to sell wild rice
3imported from outside of the state to anyone within the state except consumers, or
4to process wild rice not harvested by the processor himself or herself for resale by the
5processor to any other person. The license is required to be a class D wild rice dealer
6license if the amount of wild rice bought, sold or processed by the licensee within the
7year covered by the license exceeds 50,000 pounds. The license is required to be a
8class C wild rice dealer license if this amount exceeds 25,000 pounds but does not
9exceed 50,000 pounds. The license is required to be a class B wild rice dealer license
10if this amount exceeds 5,000 pounds but does not exceed 25,000 pounds. The license
11is required to be a class A wild rice dealer license if this amount does not exceed 5,000
12pounds. For the purposes of this section,
2 1/2
2.5 pounds of raw rice is
deemed 13equivalent to one pound of processed rice.