(1) Except as provided in sub. (1m) , any person who removes ice or causes its removal from any stream, pond or lake shall place around the margin of the opening made by such removal a fence, by setting posts of not less than 2 by 4 in size with any of the following fencings:
(a) A fence board attached not less than 3 1/2 feet above the surface of the ice on the stream, pond or lake.
(b) Colored plastic construction roll fencing attached to the posts.
(1m) Instead of the requirements under sub. (1) , any person who removes ice or causes its removal from Lake Butte des Morts, Lake Poygan, Lake Winnebago or Lake Winneconne for the spearing of sturgeon may mark the opening made by the removal without using fencing if the person uses at least 2 strips of wood that protrude at least 3 feet above the surface of the ice. The strips of wood may not exceed approximately 1.5 inches in width and approximately 0.25 inch in thickness.
(2) Any person creating ice holes by aeration of water may, in lieu of the requirements of sub. (1) , erect and maintain a barricade around such holes consisting of uprights spaced every 25 feet or less, connected by a continuous rope, cord or similar material placed 3 1/2 feet off the surface of the ice. The connecting rope, cord or similar material shall have reflectorized ribbon or tape or other reflectorized devices attached to it, so as to be highly visible, and shall be of sufficient strength to permit retrieval of the barricade following melting of the ice. Any person erecting such barricade shall remove the barricade and all parts thereof from the ice or water immediately after the ice has melted.
(3) Persons barricading or marking ice holes in the manner specified in this section shall not be liable for damages suffered by persons who enter the barricaded or marked area.
(4) This section shall not apply to ice holes caused by hydroelectric dams or by air bubbler systems installed by the corps of engineers for navigational purposes.
(5) This section shall apply to all navigable or public waters of the state.
(6) Persons violating this section shall be imprisoned for not more than 6 months or fined not more than $100.