Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB411 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	Date of enactment: March 14, 2024
2		-	2023 Senate Bill 411 Date of publication*: March 15, 2024
3		-	2023 WISCONSIN ACT 112
4		-	AN ACT to repeal and recreate 29.407 (1) (b) and 29.407 (2) (d) of the statutes; relating to: the transportation of
5		-	fish taken by hook and line.
6		-	The people of the state of Wisconsin, represented in
7		-	senate and assembly, do enact as follows:
8		-	SECTION 1. 29.407 (1) (b) of the statutes is repealed
9		-	and recreated to read:
10		-	29.407 (1) (b) 1. All fish that are subject to a size limit
11		-	and are taken by hook and line may be transported if one
12		-	of the following applies:
13		-	a. The fish is a whole, dressed, or filleted fish with the
14		-	head and tail attached.
15		-	b. The fish is a dressed or filleted fish with the head
16		-	or tail or both removed or is in the form of fillets and the
17		-	person transporting the fish provides upon request a
18		-	photograph described under subd. 2. that shows the fish
19		-	before the head or tail or both were removed alongside a
20		-	ruler or other method acceptable to the department for
21		-	proving the length of the fish.
22		-	2. A photograph under subd. 1. b. shall be either a
23		-	physical photograph that bears a stamp of the time and
24		-	date on which the photograph was taken or a digital
25		-	photograph displayed on a cellular telephone or other
26		-	electronic device with metadata that indicates the time
27		-	and date the image was captured. If a digital photograph
28		-	is displayed on a cellular telephone or other electronic
29		-	device, the conservation warden may not view, and dis-
30		-	playing a digital photograph does not constitute consent
31		-	for the conservation warden to view, any content on the
32		-	telephone or other device except for the photograph and
33		-	metadata required under this subdivision.
34		-	3. For any fish transported under subd. 1., a dressed
35		-	fish shall remain in one piece with the skin and scales
36		-	intact and the skin and scales shall remain on a filleted
37		-	fish and on a fish in the form of fillets.
38		-	SECTION 2. 29.407 (2) (d) of the statutes is repealed
39		-	and recreated to read:
40		-	29.407 (2) (d) 1. All fish that are subject to a size limit
41		-	and are taken by hook and line may be transported if one
42		-	of the following applies:
43		-	a. The fish is a whole, dressed, or filleted fish with the
44		-	head and tail attached.
45		-	b. The fish is a dressed or filleted fish with the head
46		-	or tail or both removed or is in the form of fillets and the
47		-	person transporting the fish provides upon request a
48		-	photograph described under subd. 2. that shows the fish
49		-	before the head or tail or both were removed alongside a
50		-	ruler or other method acceptable to the department for
51		-	proving the length of the fish.
52		-	2. A photograph under subd. 1. b. shall be either a
53		-	physical photograph that bears a stamp of the time and
54		-	date on which the photograph was taken or a digital
55		-	photograph displayed on a cellular telephone or other
56		-	electronic device with metadata that indicates the time
57		-	and date the image was captured. If a digital photograph
58		-	* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
59		-	partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 112 2023 Senate Bill 411
60		-	is displayed on a cellular telephone or other electronic
61		-	device, the conservation warden may not view, and dis-
62		-	playing a digital photograph does not constitute consent
63		-	for the conservation warden to view, any content on the
64		-	telephone or other device except for the photograph and
65		-	metadata required under this subdivision.
66		-	3. For any fish transported under subd. 1., a dressed
67		-	fish shall remain in one piece with the skin and scales
68		-	intact and the skin and scales shall remain on a filleted
69		-	fish and on a fish in the form of fillets.
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	2	+	EHS:cjs
	3	+	2023 - 2024 LEGISLATURE
	4	+	2023 SENATE BILL 411
	5	+	September 8, 2023 - Introduced by Senators J AMES, TOMCZYK and QUINN,
	6	+	cosponsored by Representatives SUMMERFIELD, O'CONNOR, EDMING, GREEN,
	7	+	MICHALSKI and STEFFEN. Referred to Committee on Financial Institutions and
	8	+	Sporting Heritage.
	9	+	AN ACT to renumber and amend 29.407 (1) (b) and 29.407 (2) (d); and to create
	10	+	29.407 (1) (b) 1. b. and 29.407 (2) (d) 1. b. of the statutes; relating to: the
	11	+	transportation of fish taken by hook and line.
	12	+	Analysis by the Legislative Reference Bureau
	13	+	Current law restricts the transportation of a fish with the head or tail, or both,
	14	+	removed or a filleted fish, if that fish is subject to a minimum size limit and taken
	15	+	by hook and line from inland waters or outlying waters. Under current law, such a
	16	+	dressed or filleted fish may be transported only if it continues to meet the minimum
	17	+	size limit. Under this bill, such a dressed or filleted fish may also be transported if
	18	+	the person transporting the fish provides upon request a physical or digital
	19	+	photograph that bears a stamp of the time and date on which the photograph was
	20	+	taken and that shows the fish before the head or tail was removed alongside a ruler
	21	+	or other method acceptable to the Department of Natural Resources for proving its
	22	+	length.
	23	+	The people of the state of Wisconsin, represented in senate and assembly, do
	24	+	enact as follows:
	25	+	SECTION 1. 29.407 (1) (b) of the statutes is renumbered 29.407 (1) (b) 1. (intro.)
	26	+	and amended to read:
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	31	+	5 - 2 -2023 - 2024 Legislature LRB-2294/1
	32	+	EHS:cjs
	33	+	SECTION 1 SENATE BILL 411
	34	+	29.407 (1) (b) 1. (intro.) All fish that are subject to a minimum size limit and
	35	+	are taken by hook and line may be transported with the head or tail, or both, removed
	36	+	and may be filleted before being transported, but only if the one of the following
	37	+	applies:
	38	+	a. The dressed or filleted fish continues to meet the minimum size limit.
	39	+	2. A dressed fish shall remain in one piece with the skin and scales intact. The
	40	+	skin and scales shall remain on a filleted fish.
	41	+	SECTION 2. 29.407 (1) (b) 1. b. of the statutes is created to read:
	42	+	29.407 (1) (b) 1. b. The person transporting the fish provides upon request a
	43	+	physical or digital photograph that bears a stamp of the time and date on which the
	44	+	photograph was taken and that shows the fish before the head or tail was removed
	45	+	alongside a ruler or other method acceptable to the department for proving the
	46	+	length of the fish.
	47	+	SECTION 3. 29.407 (2) (d) of the statutes is renumbered 29.407 (2) (d) 1. (intro.)
	48	+	and amended to read:
	49	+	29.407 (2) (d) 1. (intro.) All fish which are subject to a minimum size limit and
	50	+	are taken by hook and line may be transported with the head or tail, or both, removed
	51	+	and may be filleted before being transported, but only if the one of the following
	52	+	applies:
	53	+	a. The dressed or filleted fish continues to meet the minimum size limit.
	54	+	2. A dressed fish shall remain in one piece with the skin and scales intact. The
	55	+	skin and scales shall remain on a filleted fish.
	56	+	SECTION 4. 29.407 (2) (d) 1. b. of the statutes is created to read:
	57	+	29.407 (2) (d) 1. b. The person transporting the fish provides upon request a
	58	+	physical or digital photograph that bears a stamp of the time and date on which the
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	83	+	25 - 3 -2023 - 2024 Legislature
	84	+	LRB-2294/1
	85	+	EHS:cjs
	86	+	SECTION 4
	87	+	SENATE BILL 411
	88	+	photograph was taken and that shows the fish before the head or tail was removed
	89	+	alongside a ruler or other method acceptable to the department for proving the
	90	+	length of the fish.
	91	+	(END)
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