29.174(2)(e)
(e) The department may limit the number of trappers and hunters and the maximum harvest of beaver in any area.
29.174(2)(em)
(em) The department may impose any of the limitations under
pars. (d) to
(e) by establishing a system for the issuance of permits.
29.174(2)(f)
(f) In addition to the types and manner of hunting authorized under
ss. 29.09 (9) and
29.104 (4) for disabled persons and persons who are visually handicapped, as defined in
s. 29.09 (9) (a) 5., the department may establish special hunting seasons or opportunities for persons who are physically disabled or visually handicapped and may limit the number of persons involved.
29.174(2)(g)
(g) The department may establish a fishing season on specified bodies of water in certain urban areas, as determined by rule by the department, that allows fishing only by persons who are under 16 years old or who are disabled and can produce the evidence specified in
s. 29.145 (1c) (a),
(b) or
(c), subject to all of the following conditions:
29.174(2)(g)1.
1. The department may not designate a body of water under this paragraph that is 25 acres or greater in area.
29.174(2)(g)2.
2. The department may not designate a body of water under this paragraph without the written agreement of each private owner of shoreline and of each city, village, town, county, federal agency or other state agency that owns shoreline.
29.174(2)(g)3.
3. The department shall post notice of the restricted fishing season at each designated body of water.
29.174(2)(g)4.
4. Section 227.16 (2) (e) does not apply to a rule promulgated under this paragraph and, when the department proposes to add a body of water to or delete a body of water from a rule under this paragraph, the department shall hold a hearing, as required under
s. 227.16 (1), either in the county in which the body of water is located or within 50 miles of the body of water.
29.174(3)
(3) The department may promulgate rules under
sub. (2) either on its own motion or on petition from any group of citizens. Provided, that upon petition of not less than 1,000 citizens in case of a contemplated rule affecting the entire state or a part thereof larger than 2 counties, or of not less than 50 citizens residing in the county if but a single county or part thereof is affected, or of not less than 100 citizens residing in the 2 counties if not more than 2 counties or parts thereof are affected, the department shall conduct one or more public hearings upon such proposed rule, at a place convenient to the petitioners. Notice of such hearing shall be published in the community affected as a class 3 notice, under
ch. 985. The department shall send prior written notice of any hearing held under this section to the Wisconsin conservation congress delegates for the area affected by the proposed rule.
29.174(4)
(4) The department shall make such investigations relative to any petition or proceedings under this section as it deems necessary, and may organize advisory committees to advise it on any matter under consideration. Members of such committees shall receive no compensation but shall be reimbursed their actual and necessary expenses.
29.174(6)
(6) All rules of the department in conformity with law are prima facie reasonable and lawful.
29.174(7)
(7) Every rule in conformity with law, made under authority of this section, shall in every prosecution for violation thereof be conclusively presumed to be just, reasonable and lawful, unless prior to the institution of prosecution for such violation the person charged with such violation shall have brought an action to vacate and set aside such rule, as provided in this section.
29.174(8)
(8) Any rule of the department is subject to review in the manner provided in
ch. 227, except that if the rule affects only the county in which the appellant resides, the appeal shall be to the circuit court of such county.
29.174(9)
(9) The present statutes regulating open and close seasons, bag limits, size limits, rest days and other conditions governing the taking of fish or game shall continue in full force and effect until modified by rules of the department, as provided in this section, or by subsequent acts of the legislature.
29.174(12)
(12) Nothing in this section shall be construed to confer upon the department the power to alter any provisions of the statutes relating to forfeitures, penalties, license fees or bounties.
29.174(13)
(13) This state assents to the provisions of the acts of congress entitled "An act to provide that the United States shall aid the states in wildlife-restoration projects, and for other purposes," approved September 2, 1937 (
Public No. 415, 75th Congress), and "An act to provide that the United States shall aid the states in fish restoration management projects, and for other purposes," approved August 9, 1950 (
Public No. 681, 81st Congress), and the department is authorized, empowered and directed to perform such acts as may be necessary to the conduct and establishment of cooperative wildlife-restoration and cooperative fish restoration projects, as defined in said acts of congress, in compliance with said acts and with rules and regulations promulgated by the secretary of the interior thereunder; and no funds accruing to this state from license fees paid by hunters and from sport and recreation fishing license fees shall be diverted for any other purpose than those provided by the department.
29.174(14)
(14) The department shall establish the open season for hunting raccoon 2 weeks earlier for persons with resident licenses than for persons with nonresident licenses.
29.174(15)
(15) On or before March 15 of each even-numbered year, the department shall submit to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under
s. 13.172 (3), to the governor and to the Wisconsin conservation congress a report identifying the accomplishments of the department under this chapter that relate to fish and wildlife in the previous biennium and identifying the department's use and expenditure of all fishing, hunting and trapping approval fees collected under this chapter in the previous biennium.
29.175
29.175
Nongame species. 29.175(1)(1) The department may conduct investigations of nongame species in order to develop scientific information relating to population, distribution, habitat needs, and other biological data in order to determine necessary conservation measures. On the basis of these scientific determinations the department may promulgate rules and develop conservation programs designed to ensure the continued ability of nongame species to perpetuate themselves. The rules may require harvest information and establish limitations relating to taking, possession, transportation, processing and sale or offer for sale, in order to conserve nongame species.
29.175(2)
(2) No rules promulgated or programs developed under this section may impede, hinder or prohibit the utilization of lands for the construction, operation or maintenance of utility facilities otherwise authorized or permitted.
29.22
29.22
General restrictions on hunting. 29.22(1)
(1)
Hunting restricted areas. No person shall hunt within 1700 feet of any hospital, school grounds or sanatorium. The department may furnish signs designating the restricted area. No conviction shall be had for a violation of this subsection unless the restricted area is designated by such signs.
29.22(2)
(2) Color of clothing. In the areas in which there is a season for the hunting of deer with firearms, no person may hunt any game except waterfowl during the season for the hunting of deer with firearms unless at least 50% of the person's outer clothing above the waist is of a highly visible color commonly referred to as hunter orange, blaze orange, fluorescent orange, flame orange or fluorescent blaze orange. Any person violating this subsection is subject to a forfeiture of not more than $10.
29.22(3)
(3) Back tag, display. No person may hunt deer unless there is attached to the center of the person's coat, shirt, jacket or similar outermost garment where it can clearly be seen the back tag issued to the person with the license authorizing the hunting of deer.
29.22 History
History: 1975 c. 360,
365,
421;
1979 c. 39.
29.221
29.221
Duties on accidental shooting. 29.221(1)
(1) Any person who, while hunting any wild animal or bird, discharges a firearm or arrow, and thereby injures or kills another person, shall forthwith give his or her name and address to the other person if the other person is injured and render such assistance to that other person as may be necessary and obtain immediate medical or hospital care, and shall immediately thereafter report such injury or death to the sheriff or police of the locality in which such shooting took place.
29.221(2)
(2) Any person intentionally failing to comply with
sub. (1) shall be fined not more than $5,000, or imprisoned in the county jail not more than one year, or both. Any person who neglects to comply with
sub. (1) shall be fined not more than $5,000 or imprisoned not more than 9 months or both.
29.221 History
History: 1975 c. 365;
1991 a. 316.
29.222
29.222
Hunting accident; failure to report. 29.222(1)
(1) Every person who shall have caused or been involved in an accident in which a human being has been injured by gunfire or by bow and arrow while hunting or trapping, or shall have inflicted an injury upon himself or herself with a firearm or with a bow and arrow while hunting or trapping, shall render a report to the department at any of its field offices within 10 days after such injury unless such person be physically incapable of making the required report in which event the person or persons involved in the accident shall designate an agent to file the report within the specified time.
29.222(2)
(2) Any person who has been involved in an accident with firearm or bow and arrow while hunting or trapping, and who fails to submit the report required by this section shall forfeit not more than $50. In addition, the court may revoke any license issued to such person under this chapter and may further provide that no license shall be issued to such person under this chapter for such fixed period of time that the court may deem just.
29.222 History
History: 1975 c. 365;
1991 a. 316.
29.223
29.223
Interference with hunting, fishing or trapping. 29.223(1)(1)
Definition. In this section, "activity associated with lawful hunting, fishing or trapping" means travel, camping or other acts that are preparatory to lawful hunting, fishing or trapping and that are done by a hunter, fisher or trapper or by a member of a hunting, fishing or trapping party.
29.223(2)(a)(a) No person may interfere or attempt to interfere with lawful hunting, fishing or trapping with the intent to prevent the taking of a wild animal by doing any of the following:
29.223(2)(a)1.
1. Harassing a wild animal or by engaging in an activity that tends to harass wild animals.
29.223(2)(a)2.
2. Impeding or obstructing a person who is engaged in lawful hunting, fishing or trapping.
29.223(2)(a)3.
3. Impeding or obstructing a person who is engaged in an activity associated with lawful hunting, fishing or trapping.
29.223(2)(a)4.
4. Disturbing the personal property of a person engaged in lawful hunting, fishing or trapping.
29.223(2)(b)
(b) No person may knowingly fail to obey the order of a warden or other law enforcement officer to desist from conduct in violation of
par. (a) if the order is based on any of the following:
29.223(2)(b)1.
1. The warden or other law enforcement officer personally observed such conduct by the person.
29.223(2)(b)2.
2. The warden or other law enforcement officer has reasonable grounds to believe that the person has engaged in such conduct that day or that the person intends to engage in such conduct that day.
29.223(3)
(3) Exemptions. This section does not apply to actions under
sub. (2) (a) 1. to
5. performed by wardens and other law enforcement officers if the actions are authorized by law and are necessary for the performance of their official duties.
29.223(3m)
(3m) Affirmative defense. It is an affirmative defense to the prosecution for violation of this section if the defendant's conduct is protected by his or her right to freedom of speech under the constitution of this state or of the United States.
29.223(4)(a)(a) A person who is adversely affected by, or who reasonably may be expected to be adversely affected by, conduct that is in violation of
sub. (2) (a) may bring an action in circuit court for an injunction or damages or both.
29.223(4)(b)
(b) The circuit court may enter an injunction under
ch. 813 against conduct in violation of
sub. (2) (a) if the court determines any of the following:
29.223(4)(b)2.
2. The defendant has engaged in the conduct in the past and that it is reasonable to expect that the defendant will engage in the conduct that will adversely affect the plaintiff in the future.
29.223(4)(c)
(c) The circuit court may award damages to the plaintiff if the defendant's conduct in violation of
sub. (2) (a) has adversely affected the plaintiff. The damages awarded may include punitive damages and any special damages. Special damages may include approval fees, travel costs, camping fees, costs for guides, and costs for equipment or supplies to the extent that the plaintiff did not receive the full value of any of these expenditures due to the unlawful conduct of the defendant.
29.223 History
History: 1989 a. 190.
29.223 Annotation
Application of statute is limited to physical interference; does not violate freedom of speech. State v. Bagley, 164 W (2d) 255, 474 NW (2d) 761 (Ct. App. 1991).
29.224
29.224
Trapper education program; certificate of accomplishment. 29.224(1)(1)
Establishment; program requirements. 29.224(1)(a)(a) The department shall establish and supervise the administration of a statewide trapper education program funded from the appropriations under
s. 20.370 (1) (Lq) and
(ma). The department shall enter into an agreement with a statewide organization that has demonstrated ability and experience in the field of trapper education to assist in the establishment and administration of the program.
29.224(1)(b)
(b) The trapper education program shall provide classroom instruction and instruction by correspondence and shall provide a course of instruction that includes all of the following:
29.224(1)(b)3.
3. Interrelationships between trapping activities and the conservation of natural resources.
29.224(1)(c)
(c) The trapper education program shall use certified instructors when providing the instruction on techniques of trapping fur-bearing animals. The department shall establish criteria and standards for certifying these instructors.
29.224(2)(a)(a) The department and the organization with which the department enters into an agreement under
sub. (1) (a) shall jointly do all of the following:
29.224(2)(a)1.
1. Contract with a qualified individual, who shall not be an employe of the department, to operate the trapper education program.
29.224(2)(a)2.
2. Prescribe the duties and responsibilities of the individual contracted with under
subd. 1.
29.224(2)(b)
(b) The individual contracted with under
par. (a) 1. shall operate the trapper education program and shall do all of the following:
29.224(2)(b)1.
1. Supervise the recruitment and training of qualified trapper education instructors.
29.224(2)(b)3.
3. Maintain the records for the trapper education program.
29.224(2)(c)
(c) The administration of the trapper education program shall be under the supervision of the subunit of the department that is responsible for resource management.
29.224(3)(a)(a) The department shall establish by rule the fee for the course of instruction under the trapper education program.
29.224(3)(b)
(b) An instructor conducting the course of instruction under the trapper education program shall collect the fee established under
par. (a) from each person receiving instruction. The department may authorize an instructor to retain up to 50% of the fee to defray expenses incurred in the instructor's operation of the course. The instructor shall remit the remaining portion of the fee or, if nothing is retained, the entire fee to the department.
29.224(4)
(4) Course and promotional materials. The department may reimburse the organization with which it enters into an agreement under
sub. (1) (a) for the organization's costs of producing promotional and course materials for the program.
29.224(5)(a)(a) The department shall issue a certificate of accomplishment to a person who successfully completes the course of instruction under the trapper education program and who pays the instruction fee. The department shall prescribe the form and content of the certificate of accomplishment. The certificate may be used by a resident to whom issued in place of a trapping license as required in
s. 29.09 for the period specified in
s. 29.093 (6) (am).
29.224(5)(b)
(b) The department may issue a duplicate certificate of accomplishment to a person who is entitled to a duplicate certificate under this section. The department shall establish by rule the fee for a duplicate certificate.
29.224(6)
(6) Requirement of certificate of accomplishment to obtain trapping approval. 29.224(6)(a)(a) Except as provided in
pars. (b) to
(d), no person may be issued an approval authorizing trapping unless he or she holds a valid certificate of accomplishment issued under this section.
29.224(6)(b)
(b) A person who holds on May 12, 1992, a valid approval authorizing trapping is exempt from the requirement under
par. (a).
29.224(6)(c)
(c) A person who has held a valid approval authorizing trapping that expired before May 12, 1992, and that was not suspended or revoked is exempt from the requirement under
par. (a).
