29.301(1)(b) (b) No person may hunt within 1,700 feet of any hospital, sanatorium or the grounds of any school. The department may designate the form for or furnish signs designating the restricted area. No person may be convicted of a violation of this paragraph unless the restricted area is designated by the signs.
29.301(1)(c) (c) Notwithstanding par. (b), this subsection does not prohibit hunting in a school forest if the school board allows hunting under s. 120.13 (38).
29.301(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 that season unless at least 50% of each article of the person's outer clothing above the waist, including a cap, hat or other head covering, is of a highly visible color commonly referred to as hunter orange, blaze orange, fluorescent orange, flame orange or fluorescent blaze orange. This requirement does not apply to persons hunting from 30 minutes after sunset to 30 minutes before sunrise during a firearm deer hunting season if the person is hunting for other game that the department authorizes to be hunted during that firearm deer hunting season. Any person violating this subsection shall forfeit not more than $10.
29.301(3) (3)Back tag, display. No person may hunt deer unless the back tag issued to the person with the license authorizing deer hunting is attached to the center of the person's coat, shirt, jacket or similar outermost garment where it can clearly be seen.
29.301 History History: 1975 c. 360, 365, 421; 1979 c. 39; 1997 a. 151; 1997 a. 248 s. 412; Stats. 1997 s. 29.301; 1999 a. 32; 2005 a. 117, 290; 2009 a. 302.
29.304 29.304 Restrictions on hunting and use of firearms by persons under 16 years of age.
29.304(1) (1)Persons under 12 years of age.
29.304(1)(a)(a) Prohibition on hunting. No person under 12 years of age may hunt with a firearm or bow and arrow.
29.304(1)(b) (b) Restrictions on possession or control of a firearm. No person under 12 years of age may have in his or her possession or control any firearm unless he or she is enrolled in the course of instruction under the hunter education program and he or she is carrying the firearm in a case and unloaded to or from that class under the supervision of his or her parent or guardian, or by a person at least 18 years of age who is designated by the parent or guardian, or is handling or operating the firearm during that class under the supervision of an instructor.
29.304(1)(c) (c) Restrictions on obtaining hunting approval. Except as provided under par. (d), no person under 12 years of age may obtain any approval authorizing hunting.
29.304(1)(d) (d) Restrictions on validity of certificate of accomplishment. A person under 12 years of age may obtain a certificate of accomplishment if he or she complies with the requirements of s. 29.591 (4) but that certificate is not valid for the hunting of small game until that person becomes 12 years of age.
29.304(2) (2)Persons 12 to 14 years of age.
29.304(2)(a)(a) Restrictions on hunting. No person 12 years of age or older but under 14 years of age may hunt unless he or she is accompanied by his or her parent or guardian, or by a person at least 18 years of age who is designated by the parent or guardian.
29.304(2)(b) (b) Restrictions on possession or control of a firearm. No person 12 years of age or older but under 14 years of age may have in his or her possession or control any firearm unless he or she:
29.304(2)(b)1. 1. Is accompanied by his or her parent or guardian or by a person at least 18 years of age who is designated by the parent or guardian; or
29.304(2)(b)2. 2. Is enrolled in the course of instruction under the hunter education program and is carrying the firearm in a case and unloaded to or from that class or is handling or operating the firearm during that class under the supervision of an instructor.
29.304(3) (3)Persons 14 to 16 years of age.
29.304(3)(a)(a) Restrictions on hunting. No person 14 years of age or older but under 16 years of age may hunt unless he or she:
29.304(3)(a)1. 1. Is accompanied by his or her parent or guardian or by a person at least 18 years of age who is designated by the parent or guardian; [or]
29.304 Note NOTE: The bracketed language was deleted by 2009 Wis. Act 39 without being shown as stricken. No change was intended. Corrective legislation is pending.
29.304(3)(a)2. 2. Is issued a certificate of accomplishment that states that he or she successfully completed the course of instruction under the hunter education program or has a similar certificate, license, or other evidence satisfactory to the department indicating that he or she has successfully completed in another state, country, or province a hunter education course recognized by the department.
29.304(3)(b) (b) Restrictions on possession or control of a firearm. No person 14 years of age or older but under 16 years of age may have in his or her possession or control any firearm unless he or she:
29.304(3)(b)1. 1. Is accompanied by his or her parent or guardian or by a person at least 18 years of age who is designated by the parent or guardian;
29.304(3)(b)2. 2. Is enrolled in the course of instruction under the hunter education program and is carrying the firearm in a case and unloaded to or from that class or is handling or operating the firearm during that class under the supervision of an instructor; or
29.304(3)(b)3. 3. Is issued a certificate of accomplishment that states that he or she successfully completed the course of instruction under the hunter education program or has a similar certificate, license, or other evidence satisfactory to the department indicating that he or she has successfully completed in another state, country, or province a hunter education course recognized by the department.
29.304(4) (4)Parental obligation. No parent or guardian of a child under 16 years of age may authorize or knowingly permit the child to violate this section.
29.304(4m) (4m)Hunting mentorship program. The prohibition specified in sub. (1) (a) and the restrictions specified in subs. (1) (b) to (d), (2), and (3) do not apply to a person who is hunting with a mentor and who complies with the requirements specified under s. 29.592.
29.304(5) (5)Exception.
29.304(5)(a)(a) Notwithstanding subs. (1) to (3), a person 12 years of age or older may possess or control a firearm and may hunt with a firearm, bow and arrow, or crossbow on land under the ownership of the person or the person's family if no license is required and if the firing of firearms is permitted on that land.
29.304(5)(b)1.1. In this paragraph, "target practice" includes trap shooting or a similar sport shooting activity regardless of whether the activity involves shooting at a fixed or a moving target.
29.304(5)(b)2. 2. The restrictions on the possession and control of a firearm under sub. (1) do not apply to a person using a firearm in target practice if he or she is accompanied by his or her parent or guardian or by a person at least 18 years of age who is designated by the parent or guardian.
29.304 History History: 1983 a. 420; 1997 a. 197; 1997 a. 248 s. 431; Stats. 1997 s. 29.304; 2005 a. 289; 2009 a. 39.
29.304 Cross-reference Cross-reference: See also s. NR 10.001, Wis. adm. code.
29.307 29.307 Hunting with aid of aircraft prohibited.
29.307(1) (1) No person may hunt any animal with the aid of an aircraft, including the use of an aircraft to spot, group or drive, or otherwise attempt to affect the behavior of, animals for hunters on the ground.
29.307(2) (2)
29.307(2)(a)(a) Notwithstanding sub. (1), a state employee or agent or a federal employee or agent acting within the scope of his or her employment or agency may hunt an animal in the wild with the aid of an aircraft if all of the following apply:
29.307(2)(a)1. 1. The employee or agent is authorized by the department to take the animal for the purpose of controlling the spread of disease in animals.
29.307(2)(a)2. 2. The employee or agent is hunting in an area designated by the department as a chronic wasting disease eradication zone.
29.307(2)(a)3. 3. The employee or agent is in compliance with all of the rules promulgated under par. (b).
29.307(2)(b) (b) The department shall promulgate rules specifying the conditions under which aircraft may be used for surveillance of animals, for herding animals, and for shooting animals in order to control the spread of disease in animals. The rules may authorize shooting animals only if the department considers all other alternatives to shooting animals from aircraft and determines that the shooting is necessary in order to control the spread of disease in animals.
29.307(3) (3)Subsection (2) and the rules promulgated under sub. (2) do not apply after June 30, 2004.
29.307 History History: 1971 c. 151; 1997 a. 248 s. 432; Stats. 1997 s. 29.307; 2001 a. 108.
29.311 29.311 Shotshell restrictions. No person may hunt waterfowl or coots with any firearm using any shotshell classified by the federal government as toxic or harmful to wildlife or the environment.
29.311 History History: 1985 a. 155, 332; 1997 a. 248 s. 194; Stats. 1997 s. 29.311.
29.312 29.312 Rules regulating the sighting of a firearm.
29.312(1)(1) In this section, "immediate family" means persons who are related as spouses, as siblings, or as parent and child.
29.312(2) (2) The department may not promulgate or enforce a rule that prohibits a person from sighting a firearm on land owned or leased by that person or a member of that person's immediate family during the 24-hour period prior to the opening date for hunting deer with firearms in any area where there is an open season for hunting deer with firearms.
29.312 History History: 2003 a. 244.
29.314 29.314 Shining animals.
29.314(1)(1)Definition. As used in this section:
29.314(1)(a) (a) "Flashlight" means a battery operated light designed to be carried and held by hand.
29.314(1)(am) (am) "Laser sighting device" means a device for sighting a firearm that uses light amplification by stimulated emission of radiation to emit a beam of light that is visible to the human eye.
29.314(1)(b) (b) "Light" includes flashlights, automobile lights and other lights.
29.314(1)(c) (c) "Peace officer" has the meaning designated under s. 939.22 (22).
29.314(1)(d) (d) "Shining" means the casting of rays of a light on a field, forest or other area for the purpose of illuminating, locating or attempting to illuminate or locate wild animals.
29.314(2) (2)Presumption. A person casting the rays of light on a field, forest or other area which is frequented by wild animals is presumed to be shining wild animals. A person may introduce evidence to rebut this presumption.
29.314(3) (3)Shining deer, elk, or bear while hunting or possessing weapons prohibited.
29.314(3)(a)(a) Prohibition. No person may use or possess with intent to use a light for shining deer, elk, or bear while the person is hunting deer, elk, or bear or in possession of a firearm, bow and arrow, or crossbow.
29.314(3)(b) (b) Exceptions. This subsection does not apply:
29.314(3)(b)1. 1. To a peace officer on official business.
29.314(3)(b)2. 2. To an employee of the department on official business.
29.314(3)(b)3. 3. To a person authorized by the department to conduct a game census or to observe bear for educational purposes.
29.314(3)(b)4. 4. To the holder of a Class C permit issued under s. 29.193 (2) (c) 4. who uses a laser sighting device while hunting with a firearm, bow and arrow, or crossbow.
29.314(4) (4)Shining wild animals while hunting or possessing weapons prohibited.
29.314(4)(a)(a) Prohibition. No person may use or possess with intent to use a light for shining wild animals while the person is hunting or in possession of a firearm, bow and arrow or crossbow.
29.314(4)(b) (b) Exceptions. This subsection does not apply:
29.314(4)(b)1. 1. To a peace officer on official business, an employee of the department on official business or a person authorized by the department to conduct a game census.
29.314(4)(b)2. 2. To a person who possesses a flashlight or who uses a flashlight at the point of kill while hunting on foot raccoons, foxes, coyotes, or other unprotected animals during the open season for the animals hunted.
29.314(4)(b)3. 3. To a person who possesses or uses a light while using a bow and arrow for taking rough fish.
29.314(4)(b)4. 4. To the holder of a Class C permit issued under s. 29.193 (2) (c) 4. who uses a laser sighting device while hunting with a firearm, bow and arrow, or crossbow.
29.314(5) (5)Shining wild animals after 10 p.m. during certain times of the year prohibited.
29.314(5)(a)(a) Prohibition. No person may use or possess with intent to use a light for shining wild animals between 10 p.m. and 7 a.m. from September 15 to December 31.
29.314(5)(b) (b) Exceptions. This subsection does not apply:
29.314(5)(b)1. 1. To a peace officer on official business, an employee of the department on official business or a person authorized by the department to conduct a game census or to observe bear for educational purposes.
29.314(5)(b)2. 2. To a person who possesses a flashlight or who uses a flashlight at the point of kill while hunting on foot raccoons, foxes, coyotes, or other unprotected animals during the open season for the animals hunted.
29.314(5)(b)2m. 2m. To a person who possesses or uses a light while using a bow and arrow for taking rough fish.
29.314(5)(b)3. 3. To a person who possesses a flashlight or who uses a flashlight while on foot and training a dog to track or hunt raccoons, foxes or other unprotected animals.
29.314(5)(b)3m. 3m. To the holder of a Class C permit issued under s. 29.193 (2) (c) 4. who uses a laser sighting device while hunting with a firearm, bow and arrow, or crossbow.
29.314(5)(b)4. 4. If rules promulgated by the department specifically permit a person to use or possess a light for shining wild animals during these times.
29.314(6) (6)County ordinance. A county may regulate or prohibit the use of or possession with intent to use a light for shining wild animals. A county ordinance may not be less restrictive than the prohibition under sub. (5) (a). The exceptions under sub. (5) (b) apply to a county ordinance adopted under this subsection. A county may provide for a forfeiture of not more than $1,000 for violation of a county ordinance adopted under this subsection.
29.314(7) (7)Penalties.
29.314(7)(a)(a) A person who violates sub. (3) shall be fined not less than $1,000 nor more than $2,000 or imprisoned not more than 6 months or both and, in addition, the court shall order the revocation of all approvals issued to the person under this chapter and shall prohibit the issuance of any new approval under this chapter to the person for 3 years.
29.314(7)(b) (b) A person who violates sub. (4) or (5) shall forfeit not more than $1,000.
29.314 History History: 1979 c. 190; 1983 a. 27, 419, 538; 1987 a. 399; 1997 a. 1; 1997 a. 248 s. 438; Stats. 1997 s. 29.314; 1997 a. 249; 2001 a. 109; 2003 a. 75; 2005 a. 57, 291.
29.314 Cross-reference Cross-reference: See also s. NR 10.001, Wis. adm. code.
29.314 AnnotationThis section is constitutional. 71 Atty. Gen. 49.
29.314 AnnotationThe shining provisions of this section apply to game, fur, and deer farms. 80 Atty. Gen. 7.
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This is an archival version of the Wis. Stats. database for 2009. See Are the Statutes on this Website Official?