AB667: Bill Text

LRB-4780/1

ZDW:skw

2021 - 2022 LEGISLATURE

2021 Assembly BILL 667

October 29, 2021 - Introduced by Representatives Tittl, Dallman, Brandtjen, Callahan, Edming, James, Knodl, Magnafici, Milroy, Moses, Mursau, Penterman, Sortwell and Thiesfeldt, cosponsored by Senators Felzkowski, Ballweg, Jacque, Jagler, Stroebel and Testin. Referred to Committee on Sporting Heritage.

AB667,1,7 An Act to repeal 29.596; to amend 20.370 (1) (hy), 29.179 (4), 29.563 (14) (c) 3., 29.563 (14) (c) 4., 29.889 (1) (e), 29.938 (intro.), 29.977 (1) (b) and 29.983 (1) (b) 2.; and to create 20.370 (1) (hy), 29.165, 29.180 (1) (a) 8m., 29.183 (1) (hm), 29.553 (1) (gm), 29.563 (2) (c) 3., 29.563 (2) (d) 3., 29.563 (13) (am), 29.563 (14) (a) 4. and 29.596 of the statutes; relating to: hunting of sandhill cranes, wildlife damage abatement assistance and claim payments for damage caused by sandhill cranes, and making an appropriation.

Analysis by the Legislative Reference Bureau

This bill requires the Department of Natural Resources to authorize the hunting of sandhill cranes by individuals who have completed a sandhill crane hunter education course and who possess the appropriate approval issued by DNR.

Under the bill, if DNR determines it is necessary for proper game management, DNR may limit the number of cranes harvested and the number of hunters by issuing permits. If DNR issues permits, DNR must determine the number of permits it will issue for a given sandhill crane hunting area and season. If the number of applications for the permits for a given hunting area or season do not exceed the number of available permits, DNR must issue a permit to each applicant. If the number of applications exceeds the number of available permits, DNR may either issue the permits at random or establish a cumulative preference system.

Under the bill, if a cumulative preference system is used, the system establishes preference categories for applicants who applied for but were not issued permits, with higher priority given to applicants with more preference points. Under the preference system, an applicant may elect to apply for a permit or a preference point and pay a processing fee. There is no fee for the permit itself. The revenue from the processing fees is appropriated for improving and managing the sandhill crane population and for administering the sandhill crane hunter education program.

Current law authorizes a person who owns, leases, or controls land on which certain wild animals cause damage to crops or livestock to apply under a state-funded wildlife damage program for wildlife damage abatement assistance and for wildlife damage claim payments. Wildlife damage for which a person is eligible for assistance or payments includes damage caused by sandhill cranes if hunting of cranes is authorized by DNR. The bill removes this condition. The revenue from the wildlife damage surcharge fees is appropriated for use under the wildlife damage program and other fish and game management activities.

The bill requires DNR to establish and conduct a sandhill crane hunter education program. The bill repeals this requirement after two years.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

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

AB667,1 Section 1. 20.370 (1) (hy) of the statutes is created to read:

AB667,2,5 20.370 (1) (hy) Sandhill crane management. All moneys received as processing fees for sandhill crane hunting permit applications under s. 29.563 (14) (a) 4. for developing, managing, preserving, restoring, and maintaining the sandhill crane population and for the sandhill crane hunter education program under s. 29.596.

AB667,2 Section 2 . 20.370 (1) (hy) of the statutes, as created by 2021 Wisconsin Act .... (this act), is amended to read:

AB667,2,11 20.370 (1) (hy) Sandhill crane management. All moneys received as processing fees for sandhill crane hunting permit applications under s. 29.563 (14) (a) 4. for developing, managing, preserving, restoring, and maintaining the sandhill crane population and for the sandhill crane hunter education program under s. 29.596.

AB667,3 Section 3. 29.165 of the statutes is created to read:

AB667,3,8 29.165 Sandhill crane hunting permits. (1) Authorization; restrictions. (a) Department authority. The department shall authorize the hunting of sandhill cranes in this state. The department may issue sandhill crane hunting permits to limit the number of hunters of sandhill cranes and the number of sandhill cranes harvested in any area of the state if the department determines that such limitations are required for proper game management. The department shall establish one sandhill crane hunting season and may establish by rule closed zones where the hunting of sandhill cranes is prohibited.

AB667,3,12 (b) Requirements. No person may hunt sandhill cranes unless he or she has a valid small game license, or other license that authorizes the hunting of small game, and a valid sandhill crane hunting permit if such a permit is required under this section.

AB667,4,9 (2) Issuance of permits. (a) Procedure; preference system. If the department requires sandhill crane hunting permits under sub. (1) (a), the department shall determine the number of permits it will issue for a given sandhill crane hunting area and for a given sandhill crane hunting season. If the number of applications for sandhill crane hunting permits for a given hunting area or season do not exceed the number of available sandhill crane hunting permits allocated by the department for that hunting area or that season, the department shall issue a sandhill crane hunting permit to each applicant who pays the applicable fee. If the number of applications for sandhill crane hunting permits for a given hunting area or season exceeds the number of available sandhill crane hunting permits allocated by the department for that area or that season, the department may either issue the permits at random or establish a cumulative preference system. If a cumulative preference system is used, the system shall establish preference categories for those applicants who applied for but were not issued permits, with higher priority given to those categories with more preference points than those with fewer preference points. Under the system, the department shall allow each applicant to apply for a preference point or for a permit for each sandhill crane hunting season. The department shall give a preference point to each applicant who applies for a preference point and to each applicant who applies for a permit but who is not selected. If the number of applicants within a preference category exceeds the number of permits available in the category, the department shall select at random within the category the applicants to be issued the permits.

AB667,4,12 (b) Loss of preference points. Applicants who fail to apply for either a preference point or a permit at least once during any 3 consecutive years shall lose all previously accumulated preference points.

AB667,4,14 (c) Permit limitation. No person may apply for or receive more than one sandhill crane hunting permit for one season.

AB667,4,20 (d) Notification; issuance; payment. The department shall issue a notice of approval to those qualified applicants selected to receive a sandhill crane hunting permit under par. (a). A person who receives a notice of approval and who pays the permit fee in the manner required by the department shall be issued a sandhill crane hunting permit and tag. The department may not charge a fee for a tag that is issued under this paragraph.

AB667,4,23 (3) Use of moneys from fees. The fees collected from the issuance of sandhill crane hunting permits shall be credited to the appropriation account under s. 20.370 (1) (hy).

AB667,4 Section 4. 29.179 (4) of the statutes is amended to read:

AB667,5,4 29.179 (4) Retention of preference points. Notwithstanding ss. 29.164 (3) (cr), 29.165 (2) (b), 29.177 (5) (b), 29.184 (6) (b), and 29.192 (4), a person who is transferred an approval under this section shall retain all preference points that he or she has previously accumulated for that type of approval.

AB667,5 Section 5. 29.180 (1) (a) 8m. of the statutes is created to read:

AB667,5,6 29.180 (1) (a) 8m. Sandhill crane hunting permit.

AB667,6 Section 6. 29.183 (1) (hm) of the statutes is created to read:

AB667,5,8 29.183 (1) (hm) Sandhill crane hunting permit.

AB667,7 Section 7. 29.553 (1) (gm) of the statutes is created to read:

AB667,5,10 29.553 (1) (gm) Sandhill crane hunting permit.

AB667,8 Section 8. 29.563 (2) (c) 3. of the statutes is created to read:

AB667,5,12 29.563 (2) (c) 3. Sandhill crane: $0.

AB667,9 Section 9. 29.563 (2) (d) 3. of the statutes is created to read:

AB667,5,14 29.563 (2) (d) 3. Sandhill crane: $0.

AB667,10 Section 10. 29.563 (13) (am) of the statutes is created to read:

AB667,5,18 29.563 (13) (am) Surcharge for sandhill crane permit. The surcharge for a sandhill crane hunting permit shall be $2. This surcharge shall be paid together with the processing fee specified in sub. (14) (a) 4.

AB667,11 Section 11 . 29.563 (14) (a) 4. of the statutes is created to read:

AB667,5,21 29.563 (14) (a) 4. The processing fee for applications for sandhill crane hunting permits: $7.75.

AB667,12 Section 12. 29.563 (14) (c) 3. of the statutes is amended to read:

AB667,6,3 29.563 (14) (c) 3. Each application for a hunter's choice permit, bonus deer hunting permit, elk hunting license, wild turkey hunting license, Class A bear license, wolf harvesting license, Canada goose hunting permit, sandhill crane hunting permit, sharp-tailed grouse hunting permit, bobcat hunting and trapping permit, otter trapping permit, fisher trapping permit, or sturgeon fishing permit: 25 cents.

AB667,13 Section 13. 29.563 (14) (c) 4. of the statutes is amended to read:

AB667,6,6 29.563 (14) (c) 4. Each bonus deer hunting permit issued for which a fee is charged under sub. (2) (c) 1. or 1m. or (d) 1. or 2.: 75 cents.

AB667,14 Section 14 . 29.596 of the statutes is created to read:

AB667,6,10 29.596 Sandhill crane hunter education program. (1) The department shall establish and conduct a sandhill crane hunter education program. The program shall provide a course of instruction that includes all of the following:

AB667,6,12 (a) History and recovery of the sandhill crane in this state and in the eastern United States.

AB667,6,13 (b) Methods used to distinguish sandhill cranes from other birds.

AB667,6,14 (c) Methods used to estimate the population of sandhill cranes in the state.

AB667,6,15 (d) Areas covered by sandhill crane hunting zones.

AB667,6,17 (e) Any rules promulgated by the department concerning the hunting of sandhill cranes.

AB667,6,19 (2) (a) Except as provided in par. (b), no person may hunt sandhill cranes unless he or she has successfully completed the course established under sub. (1).

AB667,6,23 (b) A person who has a certificate, license, or other evidence that is satisfactory to the department indicating that he or she has successfully completed in another state, country, or province a sandhill crane hunter education program recognized by the department may obtain a sandhill crane hunting permit.

AB667,6,25 (3) The department may not charge a fee for the course of instruction under sub. (1).

AB667,15 Section 15 . 29.596 of the statutes, as created by 2021 Wisconsin Act .... (this act), is repealed.

AB667,16 Section 16. 29.889 (1) (e) of the statutes is amended to read:

AB667,7,5 29.889 (1) (e) Sandhill crane if hunting of sandhill cranes is authorized by the department.

AB667,17 Section 17. 29.938 (intro.) of the statutes is amended to read:

AB667,7,11 29.938 Use by the department of unclaimed, seized, or confiscated property. (intro.) The department may receive, retain, and use for the hunter education programs under ss. 29.591 and, 29.595, and 29.596, the trapper education program under s. 29.597, or other educational hunting, fishing, trapping, or conservation activities the department conducts any of the following property:

AB667,18 Section 18 . 29.938 (intro.) of the statutes, as affected by 2021 Wisconsin Act .... (this act), is amended to read:

AB667,7,18 29.938 Use by the department of unclaimed, seized, or confiscated property. (intro.) The department may receive, retain, and use for the hunter education programs under ss. 29.591, and 29.595, and 29.596, the trapper education program under s. 29.597, or other educational hunting, fishing, trapping, or conservation activities the department conducts any of the following property:

AB667,19 Section 19. 29.977 (1) (b) of the statutes is amended to read:

AB667,7,21 29.977 (1) (b) Any moose, fisher, prairie chicken, or sand hill sandhill crane, $262.50.

AB667,20 Section 20. 29.983 (1) (b) 2. of the statutes is amended to read: