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<br /> 29.174 FISH AND GAME 95-96 Wis.Stars. 692
<br /> department,that allows fishing only by persons who are under 16 such acts as may be necessary to the conduct and establishment of dl
<br /> years old or who are disabled and can produce the evidence speci- cooperative wildlife—restoration and cooperative fish restoration
<br /> lied in s.29.145(1 c)(a),(b)or(c),subject to all of the following projects,as defined in said acts of congress,in compliance with 41
<br /> conditions: said acts and with rules and regulations promulgated by the secre-
<br /> 1. The department may not designate a body of water under tar),of the interior thereunder;and no funds accruing to this state
<br /> this paragraph that is 25 acres or greater in area. from license fees paid by hunters and from sport and recreation .
<br /> fishing license fees shall be diverted for any other purpose than
<br /> 2. The department may not designate a body of water under
<br /> this paragraph without the written agreement of each private those provided by the department.
<br /> owner of shoreline and of each city,village,town,county,federal (14) The department shall establish the open season for hunt-
<br /> agency or other state agency that owns shoreline. ing raccoon 2 weeks earlier for persons with resident licenses than
<br /> 3. The department shall post notice of the restricted fishing for persons with nonresident licenses.
<br /> season at each designated body of water. (15) On or before March 15 of each even—numbered year,the
<br /> 4. Section 227.16(2)(e)does not apply to a rule promulgated department shall submit to the chief clerk of each house of the leg-
<br /> under this paragraph and,when the department proposes to add a islature for distribution to the appropriate standing committees
<br /> body of water to or delete a body of water from a rule under this under s. 13.172 (3), to the governor and to the Wisconsin con-
<br /> paragraph,the department shall hold a hearing,as required under nervation congress a report identifying the accomplishments of
<br /> s. 227.16(1),either in the county in which the body of water is the department under this chapter that relate to fish and wildlife -
<br /> located or within 50 miles of the body of water. in the previous biennium and identifying the department's use and
<br /> expenditure of all fishing,hunting and trapping approval fees col-
<br /> (3) The department may promulgate rules under sub. (2) lected under this chapter in the previous biennium.
<br /> either on its own motion or on petition from any group of citizens. History: 1971 c.I79;1975 c.181;1979c.34;1981 c.136,262;1983 a.27,415; -
<br /> Provided,that upon petition of not less than 1,000 citizens in case 1985 a.182 s.57;1987 a.27;1989 a.31,359;1991 a.39;1995 a.91,376.
<br /> of a contemplated rule affecting the entire state or a part thereof
<br /> larger than 2 counties,or of not less than 50 citizens residing in the 29.175 Nongame species. (1) The department may con-
<br /> county if but a single county or part thereof is affected,or of not duct investigations of nongame species in order to develop scien-
<br /> less than 100 citizens residing in the 2 counties if not more than tific information relating to population, distribution, habitat
<br /> 2 counties or parts thereof are affected,the department shall con- needs,and other biological data in order to determine necessary
<br /> duct one or more public hearings upon such proposed rule, at a conservation measures. On the basis of these scientific deter-
<br /> place convenient to the petitioners. Notice of such hearing shall minations the department may promulgate rules and develop con- '
<br /> be published in the community affected as a class 3 notice,under nervation programs designed to ensure the continued ability of ..,
<br /> nongame species to perpetuate themselves.The rules may require
<br /> ch. 985. The department shall send prior written notice of any
<br /> hearing held under this section to the Wisconsin conservation con- harvest information and establish limitations relating to taking,
<br /> gress delegates for the area affected by the proposed rule. possession,transportation,processing and sale or offer for sale,in t
<br /> (4) The department shall make such investigations relative to order to conserve nongame species.
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<br /> any petition or proceedings under this section as it deems neces- (2) No rules promulgated or programs developed under this
<br /> sary,and may organize advisory committees to advise it on any section may impede,hinder or prohibit the utilization of lands for _1 •
<br /> matter under consideration. Members of such committees shall the construction, operation or maintenance of utility facilities
<br /> receive no compensation but shall be reimbursed their actual and otherwise authorized or permitted.
<br /> necessary expenses. History: 1977 c.370;1979 c.154;1985 a.332 s.251(I).).
<br /> (4a) The secretary may make emergency rules pursuant to s._9.22) General restrictions on hunting. (1) HUNTING
<br /> 227.24. RESTRICTED AREAS. No person shall hunt within 1700 feet of any .,.
<br /> (6) All rules of the department in conformity with law are hospital,school grounds or sanatorium. The department may fur- ,;�
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<br /> prima facie reasonable and lawful. \ nish signs designating the restricted area. No conviction shall be i
<br /> (7) Every rule in conformity with law,made under authority . had for a violation of this subsection unless the restricted area is-
<br /> of this section,shall in every prosecution for violation thereof be ��designated by such signs.
<br /> conclusively presumed to be just,reasonable and lawful,unless (2)'CoLOR OF CLOTHING. In the areas in which there is a season
<br /> prior to the institution of prosecution for such violation the person for the hunting of deer with firearms, no person may hunt any
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<br /> charged with such violation shall have brought an action to vacate game except waterfowl during the season for the hunting of deer
<br /> and set aside such rule,as provided in this section. with firearms unless at least 50%of the person's outer clothing
<br /> (8) Any rule of the department is subject to review in the man- above the waist is of a highly visible color commonly referred to
<br /> ner provided in ch. 227, except that if the rule affects only the as hunter orange,blaze orange,fluorescent orange,flame orange
<br /> county in which the appellant resides,the appeal shall be to the cir- or fluorescent blaze orange. Any person violating this subsection
<br /> cult court of such county. is subject to a forfeiture of not more than$10.
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<br /> (9) The present statutes regulating open and close seasons, (3) BACK TAG,DISPLAY. No person may hunt deer unless there k •
<br /> bag limits,size limits,rest days and other conditions governing is attached to the center of the person's coat,shirt,jacket or similar .
<br /> the taking of fish or game shall continue in full force and effect outermost garment where it can clearly be seen the back tag issued
<br /> until modified by rules of the department,as provided in this sec- to the person with the license authorizing the hunting of deer.
<br /> tion,or by subsequent acts of the legislature. History: 1975 c 360,365,421;1979 c.39.
<br /> (12) Nothing in this section shall be construed to confer upon 29.221 Duties on accidental shooting. (1) Any person
<br /> the department the power to alter any provisions of the statutes who,while hunting any wild animal or bird,discharges a firearm
<br /> relating to forfeitures,penalties,license fees or bounties. or arrow,and thereby injures or kills another person,shall forth-
<br /> (13) This state assents to the provisions of the acts of congress with give his or her name and address to the other person if the •
<br /> entitled "An act to provide that the United States shall aid the other person is injured and render such assistance to that other per-
<br /> states in wildlife—restoration projects, and for other purposes," son as may be necessary and obtain immediate medical or hospital
<br /> approved September 2,1937(Public No.415,75th Congress),and care,and shall immediately thereafter report such injury or death
<br /> "An act to provide that the United States shall aid the states in fish to the sheriff or police of the locality in which such shooting took
<br /> restoration management projects, and for other purposes," place.
<br /> approved August 9, 1950(Public No.681,81st Congress),and the (2) Any person intentionally failing to comply with sub. (1)
<br /> department is authorized, empowered and directed to perform shall be fined not more than$5,000,or imprisoned in the county
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