AB561: Bill Text

LRB-3737/1

MGG:cmh:kjf

1999 - 2000 LEGISLATURE

1999 Assembly BILL 561

October 27, 1999 - Introduced by Joint committee for review of Administrative Rules. Referred to Committee on Natural Resources.

AB561,1,3 An Act to renumber 29.401 (1); to renumber and amend 29.401 (2) and 29.401 (3); and to create 29.401 (2m) of the statutes; relating to: the possession of barbed hooks while fishing.

Analysis by the Legislative Reference Bureau

Under current law, the department of natural resources (DNR) may establish different fishing seasons for different types of fish and may limit the conditions under which fish may be caught. Under this statutory authority, DNR promulgated rules that authorized an early catch-and-release trout season during certain years that allowed only artificial lures with barbless hooks to be used.

This bill prohibits DNR from promulgating or enforcing any rule that prohibits persons who are fishing from possessing barbed hooks.

This bill is introduced as required by section 227.19 (5) (e), stats., in support of the objection of the assembly committee on natural resources on September 22, 1999, and the objection of the joint committee for review of administrative rules on October 8, 1999, to the issuance of a portion of clearinghouse rule 98-148 by DNR. The portion of the proposed rule objected to would expand the prohibition on using artificial lures to include just possessing such lures while fishing for trout.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB561, s. 1 Section 1. 29.401 (1) of the statutes is renumbered 29.401 (1) (a).

AB561, s. 2 Section 2. 29.401 (2) of the statutes is renumbered 29.401 (1) (b) and amended to read:

AB561,2,8 29.401 (1) (b) Nothing in this section subsection prohibits the department or its agents from having in possession, using, or causing the use of, any kind of nets as provided under other sections in the statutes, or prohibits the possession or use of nets by contract fishers who are operating under the supervision of the department.

AB561, s. 3 Section 3. 29.401 (2m) of the statutes is created to read:

AB561,2,11 29.401 (2m) The department may not promulgate or enforce a rule that prohibits persons who are fishing from possessing barbed hooks.

AB561, s. 4 Section 4. 29.401 (3) of the statutes is renumbered 29.401 (1) (c) and amended to read:

AB561,2,15 29.401 (1) (c) This section subsection does not apply to any net or trap used to take, catch or kill farm-raised fish.

AB561,2,16 (End)