AB864: Bill Text

The bill divides ch. 29 into 13 subchapters and reorganizes the material incorporated into each of the newly created subchapters as necessary. The new subchapter headings are as follows:

Subchapter I: Definitions

Subchapter II: General Fish and Game Regulation

Subchapter III: Hunting, Trapping and Fishing Approvals

Subchapter IV: Hunting and Trapping Regulation

Subchapter V: Fishing Regulation

Subchapter VI: Commercial Activities

Subchapter VII: Approval Fees and Effective Periods

Subchapter VIII: Education and Training

Subchapter IX: Miscellaneous Provisions

Subchapter X: Fish and Game Propagation and Stocking

Subchapter XI: Captive Animals

Subchapter XII: Wildlife Damage

Subchapter XIII: Enforcement

For the convenience of the reader, a table of contents listing all section numbers of reorganized ch. 29 is included in this Prefatory note. Also, a finding aid is included at the end of the bill, which matches the current statute numbers with the new statute numbers assigned by this bill.

The remainder of this Prefatory note consists of a table of contents for reorganized ch. 29. - See PDF for table

AB864, s. 1 Section 1. 2.04 of the statutes is amended to read:

AB864,14,3 2.04 Jurisdiction of counties on boundary lakes and state boundary waters. The counties now or hereafter organized upon the westerly shore of Lake Michigan shall have jurisdiction in common of all offenses committed on said the lake. The counties now or hereafter organized on the shores of Green Bay shall have jurisdiction in common of all offenses committed on Green Bay. The counties now or hereafter organized on the southerly shore of Lake Superior shall have jurisdiction in common of all offenses committed on said the lake. The counties now or hereafter organized on the easterly shore of the Mississippi river River shall have jurisdiction in common of all offenses committed on said the river. The counties now or hereafter organized on the shores of Lake Winnebago shall have jurisdiction in common of all offenses committed on any part of said the lake. The counties now or hereafter organized on the easterly shore of the St. Croix river River or lake shall have jurisdiction in common of all offenses committed on any part of said the river or lake; when 2 or more counties are now or hereafter organized on the shores of any inland water of this state, as defined in s. 29.01 (9) and (11), such 29.001 (45), the counties shall have jurisdiction in common of all offenses committed on any part of such the inland water; and all offenses committed against this state on any part of said the waters may be heard and tried in either any of the counties having, as aforesaid, common jurisdiction over such the waters where such the offense may be committed in which legal process against the offender shall be is first served and may be alleged and shall be conclusively deemed to have been committed within such the county; and all civil process from either any of the counties aforesaid may be executed within and upon such the waters as that are within the jurisdiction of such the county above given. In the construction of this section all wharves and piers shall be deemed are part of the land with which they are connected.

AB864, s. 2 Section 2. 20.370 (1) (fb) of the statutes is amended to read:

AB864,14,10 20.370 (1) (fb) Endangered resources — general program operations. From the general fund, the amounts in the schedule for the administration and implementation of the nongame and endangered and threatened species conservation programs under ss. 29.175 29.039 and 29.415 29.604 and the endangered resources program, as defined under s. 71.10 (5) (a) 2., and for the inventory of natural areas under s. 23.27 (3).

AB864, s. 3 Section 3. 20.370 (1) (fs) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB864,14,22 20.370 (1) (fs) Endangered resources -- voluntary payments; sales, leases and fees. As a continuing appropriation, from moneys received as amounts designated under s. 71.10 (5) (b), the net amounts certified under s. 71.10 (5) (h) 4., all moneys received from the sale or lease of resources derived from the land in the state natural areas system and all moneys received from fees collected under ss. 23.27 (3) (b), 29.092 (11) (g) and (h) 29.563 (10) and 341.14 (6r) (b) 5., for the purposes of the endangered resources program, as defined under s. 71.10 (5) (a) 2. Three-percent Three percent of the moneys certified under s. 71.10 (5) (h) 4. in each fiscal year, but not to exceed $100,000, shall be allocated for wildlife damage control and payment of claims for damage associated with endangered or threatened species.

AB864, s. 4 Section 4. 20.370 (1) (ft) of the statutes is amended to read:

AB864,15,2 20.370 (1) (ft) Endangered resources — application fees. All moneys received from application fees under s. 29.092 (10) (b) 29.563 (11) (a) 2. to be used for the purposes of processing applications under and administering s. 29.415 29.604 (6m) and (6r).

AB864, s. 5 Section 5. 20.370 (1) (hr) and (ht) of the statutes, as affected by 1997 Wisconsin Act 27, are amended to read:

AB864,15,7 20.370 (1) (hr) Pheasant restoration. All moneys received under s. 29.1025 29.191 (2) for developing, managing, preserving, restoring and maintaining the wild pheasant population in the state.

AB864,15,10 (ht) Wild turkey restoration. All moneys received from the sale of wild turkey hunting stamps under s. 29.103 29.164 for developing, managing, preserving, restoring and maintaining the wild turkey population in the state.

AB864, s. 6 Section 6. 20.370 (1) (hu) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB864,15,16 20.370 (1) (hu) Wetlands habitat improvement. As a continuing appropriation, two-thirds of all moneys received under s. 29.102 29.191 (1) for developing, managing, preserving, restoring and maintaining wetland habitat for producing waterfowl.

AB864, s. 7 Section 7. 20.370 (1) (Lq) of the statutes is amended to read:

AB864,15,22 20.370 (1) (Lq) Trapper education program. As a continuing appropriation, all moneys remitted to the department under s. 29.224 29.597 (3), an amount equal to the amount calculated under s. 29.13 29.331 (3m) and all moneys received from fees collected under s. 29.092 (13) (fm) 29.563 (12) (c) 3. for the trapper education program under s. 29.224 29.597.

AB864, s. 8 Section 8. 20.370 (1) (Lr) and (Ls) of the statutes are amended to read:

AB864,16,2 20.370 (1) (Lr) Beaver control; fish and wildlife account. As a continuing appropriation, from the fish and wildlife account of the conservation fund, the amounts in the schedule for beaver control under s. 29.59 29.885 and for administering that section.

AB864,16,5 (Ls) Control of wild animals. As a continuing appropriation, the amounts in the schedule from moneys received under s. 29.092 (14) (c) 29.563 (13) for removal activities by the department under s. 29.59 29.885.

AB864, s. 9 Section 9. 20.370 (1) (ma) of the statutes is amended to read:

AB864,16,9 20.370 (1) (ma) General program operations — state funds. From the general fund, the amounts in the schedule for general program operations under ch. 23 and ss. 30.40 to 30.49 and for the trapper education program under s. 29.224 29.597.

AB864, s. 10 Section 10. 20.370 (3) (is) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB864,16,17 20.370 (3) (is) Lake research; voluntary contributions. As a continuing appropriation, all moneys received from the fishing and boating voluntary contributions under ss. 29.092 (3r) 29.564 and 30.52 (3m) to be used for research conducted by the department to determine methods of improving the quality of the lakes in this state and for promotional activities and materials to encourage voluntary contributions under ss. 29.092 (3r) (b) 29.564 and 30.52 (3m) (b).

AB864, s. 11 Section 11. 20.370 (4) (ku) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB864,16,23 20.370 (4) (ku) Great Lakes trout and salmon. All moneys received under ss. 29.14 (7) (c), 29.145 (3) (c) and 29.15 29.191 (5), 29.219 (3) (c) and 29.228 (7) (c) to provide additional funding for the trout and salmon rearing and stocking program for outlying waters and to administer s. 29.15 29.191 (5).

AB864, s. 12 Section 12. 20.370 (4) (kv) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB864,17,3 20.370 (4) (kv) Trout habitat improvement. All moneys received under s. 29.149 29.191 (4) for improving and maintaining trout habitat in inland trout waters, for conducting trout surveys in inland trout waters and for administering that section.

AB864, s. 13 Section 13. 20.370 (5) (aq) of the statutes is amended to read:

AB864,17,9 20.370 (5) (aq) Resource aids — Canadian agencies migratory waterfowl aids. As a continuing appropriation, the amounts received from waterfowl hunting stamps specified under s. 29.102 29.191 (1) to be contributed to governmental or nonprofit agencies in Canada for the propagation, management and control of migratory waterfowl.

AB864, s. 14 Section 14. 20.370 (5) (ea) of the statutes is amended to read:

AB864,17,14 20.370 (5) (ea) Enforcement aids — spearfishing enforcement. As a continuing appropriation from the general fund, the amounts in the schedule to make payments to counties and municipalities under s. 29.599 29.947 to reimburse them for certain law enforcement costs associated with spearfishing.

AB864, s. 15 Section 15. 20.370 (5) (fq) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB864,17,22 20.370 (5) (fq) Wildlife damage claims and abatement. All moneys received under ss. 29.092 (14) and 29.1075 29.181 (3) and 29.563 (13) and not appropriated under par. (fr) and sub. (1) (Ls) to provide state aid under the wildlife damage abatement program under s. 29.598 29.889 (5) (c) and the wildlife damage claim program under s. 29.598 29.889 (7) (d) and for county administration costs under s. 29.598 29.889 (2) (d).

AB864, s. 16 Section 16. 20.370 (5) (fr) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB864,18,3 20.370 (5) (fr) Wildlife abatement and control grants. Biennially, the amounts in the schedule from moneys received under s. 29.092 (14) (c) 29.563 (13) for wildlife abatement and control grants under s. 29.595 29.887.

AB864, s. 17 Section 17. 20.370 (7) (ft) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB864,18,10 20.370 (7) (ft) Resource acquisition and development — boating access. From the conservation fund, as a continuing appropriation, the amounts in the schedule for state recreational boating projects which provide public access to inland waters, as defined in s. 29.01 (9) 29.001 (45), which are lakes in the region identified under s. 25.29 (7) (a).

AB864, s. 18 Section 18. 20.370 (9) (ht) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB864,18,16 20.370 (9) (ht) Approval fees to Lac du Flambeau band. A sum sufficient that is equal to the amount calculated under s. 29.139 29.2295 (4) (b), for the purpose of making payments to the Lac du Flambeau band of the Lake Superior Chippewa under s. 29.139 29.2295 (4) (a).

AB864, s. 19 Section 19. 20.370 (9) (hu) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB864,18,20 20.370 (9) (hu) Handling fees. All moneys received under s. 29.09 (9r) 29.556 for the handling of approvals by the department under s. 29.09 (9r) 29.556.

AB864, s. 20 Section 20. 23.09 (2) (d) 6. of the statutes is amended to read:

AB864,18,22 23.09 (2) (d) 6. For preservation of any species defined in s. 29.415 29.604 (2).

AB864, s. 21 Section 21. 23.16 (1) of the statutes is amended to read:

AB864,19,6 23.16 (1) Publication. The department may produce, issue or reprint magazines or other periodicals on a periodic basis as it determines, pertaining to fish and game, forests, parks, environmental quality and other similar subjects of general information. The department may distribute its magazines and periodicals by subscription. The department shall charge a fee for any of its magazines or periodicals, except that no fee may be charged to a person who is provided a subscription to the Wisconsin natural resources magazine Natural Resources Magazine under s. 29.1475 29.235.

AB864, s. 22 Section 22. 23.33 (4) (d) 6. of the statutes is amended to read:

AB864,19,11 23.33 (4) (d) 6. On roadways if the operator of the all-terrain vehicle is a person who holds a Class A permit or a Class B permit under s. 29.09 (9) 29.193 (2) and who is traveling for the purposes of hunting or is otherwise engaging in an activity authorized by the permit.

AB864, s. 23 Section 23. 23.51 (3g) of the statutes is amended to read:

AB864,19,14 23.51 (3g) "Fishing shelter removal assessment" means the assessment imposed under s. 29.9967 29.985.

AB864, s. 24 Section 24. 23.51 (4) of the statutes is amended to read:

AB864,19,17 23.51 (4) "Natural resources assessment" means the assessment imposed under s. 29.997 29.987.

AB864, s. 25 Section 25. 23.51 (5) of the statutes is amended to read:

AB864,19,20 23.51 (5) "Natural resources restitution payment" means the payment imposed under s. 29.998 29.989.

AB864, s. 26 Section 26. 23.51 (10) of the statutes is amended to read:

AB864,19,23 23.51 (10) "Wild animal protection assessment" means the assessment imposed under s. 29.9965 29.983.

AB864, s. 27 Section 27. 23.795 (2) of the statutes is amended to read:

AB864,20,3 23.795 (2) In lieu of an order of imprisonment under sub. (1) (a) for a violation of ch. 29, the court may revoke or suspend any privilege or approval granted under ch. 29 as provided in s. 29.99 29.971 (12).

AB864, s. 28 Section 28. 25.29 (6) of the statutes is amended to read:

AB864,20,8 25.29 (6) All moneys received from the United States for fire prevention and control, forest planting and other forestry activities, and for wildlife restoration projects and for other purposes, and as provided in s. 29.174 (13) 29.037, shall be devoted to the purposes for which these moneys are received.

AB864, s. 29 Section 29. 26.985 (2) of the statutes is amended to read:

AB864,20,14 26.985 (2) Except as provided in subs. (3) and (4), if a person is convicted of a violation and has one or more convictions, within the 5 years prior to the current conviction, for one or more violations, the person shall be fined not more than $100 or imprisoned for not more than 6 months or both. The prosecution shall allege and prove the prior convictions in the manner specified in s. 29.995 29.974.

AB864, s. 30 Section 30. 26.985 (3) of the statutes is amended to read:

AB864,20,20 26.985 (3) Except as provided in sub. (4), if a person is convicted of a violation and has 3 or more convictions, within the 3 years prior to the current conviction, for one or more violations, the person shall be fined not more than $2,000 or imprisoned for not more than 9 months or both. The prosecution shall allege and prove the prior convictions in the manner specified in s. 29.995 29.974.

AB864, s. 31 Section 31. 27.01 (7) (c) 6. and 7. of the statutes are amended to read:

AB864,20,23 27.01 (7) (c) 6. Any vehicle, except a motor bus, occupied by a person holding a senior citizen recreation card issued under s. 29.095 29.624;

AB864,20,25 7. Any vehicle, except a motor bus, occupied by a person holding a conservation patron license issued under s. 29.1475 29.235;

AB864, s. 32 Section 32. 27.01 (7) (f) 1. and (g) 1. of the statutes, as affected by 1997 Wisconsin Act 27, are amended to read:

AB864,21,5 27.01 (7) (f) 1. Except as provided in par. (gm), the fee for an annual vehicle admission receipt is $17.50 for each vehicle which has Wisconsin registration plates, except that no fee is charged for a receipt issued under s. 29.1475 29.235 (6).

AB864,21,8 (g) 1. Except as provided in par. (gm), the fee for an annual vehicle admission receipt is $24.50 for any vehicle which has a registration plate or plates from another state, except that no fee is charged for a receipt issued under s. 29.1475 29.235 (6).

AB864, s. 33 Section 33. 27.01 (7) (gm) 3. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB864,21,13 27.01 (7) (gm) 3. Notwithstanding par. (f) 1., the fee for an annual vehicle admission receipt for a vehicle that has Wisconsin registration plates and that is owned by a resident senior citizen, as defined in s. 29.01 (12m) 29.001 (72), is $8.50.

AB864, s. 34 Section 34. 27.01 (7) (gm) 4. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB864,21,18 27.01 (7) (gm) 4. Notwithstanding par. (f) 2., the fee for a daily vehicle admission receipt for a vehicle that has Wisconsin registration plates and that is owned by a resident senior citizen, as defined in s. 29.01 (12m) 29.001 (72), is $2.85.

AB864, s. 35 Section 35. 27.01 (8) (b) 2. and 3. of the statutes are amended to read: