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 firearm-mounted light or who uses a flashlight or firearm-mounted light at the point of kill while hunting on foot for 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 or crossbow for taking rough fish or catfish.
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 firearm-mounted light or who uses a flashlight or firearm-mounted light at the point of kill while hunting on foot for 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 or crossbow for taking rough fish or catfish.
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 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.
29.317 29.317 Taking homing pigeons. Any person who takes, catches, kills or impedes the progress or otherwise interferes with any homing pigeon shall forfeit not more than $50.
29.317 History History: 1975 c. 365; 1997 a. 248 s. 440; Stats. 1997 s. 29.317.
29.319 29.319 Falconry regulation.
29.319(1)(1)The department may regulate falconry and the taking of raptors for use in falconry. In so doing, the department may do any of the following:
29.319(1)(a) (a) Establish by rule a fee for any approval that it issues as part of this regulation.
29.319(1)(b) (b) Allow persons who are not residents to take raptors from the wild to be used for falconry, but only if all of the following apply:
29.319(1)(b)1. 1. The person holds an approval, issued by the department, that authorizes the taking of raptors for use in falconry.
29.319(1)(b)2. 2. The person holds an approval, issued by the state, province or country of which he or she is a resident, that authorizes the taking of raptors for use in falconry.
29.319(1)(b)3. 3. The state, province or country of which the person is a resident allows residents of this state to take raptors from the wild in that state, province or country.
29.319(2) (2)Any fees collected by the department under this section shall be deposited in the conservation fund and credited to the appropriation for the endangered resources program under s. 20.370 (1) (fs).
29.319 History History: 1999 a. 9; 2001 a. 56; 2003 a. 33.
29.319 Cross-reference Cross-reference: See also ch. NR 18, Wis. adm. code.
29.322 29.322 Taking certain wounded animals.
29.322(1)(1)In this section:
29.322(1)(a) (a) “Accompanying hunter" means a person who is an adult, who holds any valid hunting approval, and who is hunting with a youth or mentee.
29.322(1)(b) (b) “Mentee" means a person hunting with a qualified mentor as provided under s. 29.592.
29.322(1)(c) (c) “Youth" means a person under the age of 18.
29.322(2) (2)An accompanying hunter may kill an animal shot and wounded by a youth or mentee with whom the accompanying hunter is hunting if all of the following apply:
29.322(2)(a) (a) The youth or mentee shot and wounded the animal while lawfully hunting with the accompanying hunter.
29.322(2)(b) (b) The youth or mentee requests, after learning that the animal was wounded, that the accompanying hunter kill the animal.
29.322(2)(c) (c) The accompanying hunter kills the animal with a type of weapon authorized for use by the youth or mentee during the hunting season in which the youth or mentee is lawfully hunting.
29.322(3) (3)For the purposes of this chapter, including for purposes of applying bag, possession, and size limits, an animal killed by an accompanying hunter under sub. (2) shall be treated by the department as if killed by the youth or mentee for whom the animal was killed and not by the accompanying hunter.
29.322 History History: 2015 a. 225.
29.324 29.324 Group deer hunting.
29.324(1)(1)In this section:
29.324(1)(a) (a) “Contact" means visual or voice contact without the aid of any mechanical or electronic amplifying device other than a hearing aid.
29.324(1)(b) (b) “Group deer hunting party" means 2 or more hunters hunting in a group all using firearms, each of whom holds an individual license to hunt deer.
29.324(1)(c) (c) “Youth deer approval" means an approval that authorizes the taking of one antlerless deer and that is issued by the department with a youth deer license.
29.324(1)(d) (d) “Youth deer license" means a license that is issued by the department to a person who is under the age of 18 and that authorizes the hunting of deer with a firearm.
29.324(2) (2)Except as provided in subs. (4) and (5), any member of a group deer hunting party may kill a deer for another member of the group deer hunting party if all of the following conditions exist:
29.324(2)(a) (a) At the time and place of the kill, the person who kills the deer is in contact with the person for whom the deer is killed.
29.324(2)(b) (b) The person for whom the deer is killed possesses a current unused approval that authorizes the harvest of the deer killed.
29.324(4) (4)If the department issues youth deer approvals, no member of a group deer hunting party may use a youth deer approval issued to another member of the group deer hunting party to kill an antlerless deer for that other member.
29.324(5) (5)No member of a group hunting party who is serving as a mentor under s. 29.592 for another member of the group hunting party may kill a deer for the person being mentored or use a deer approval issued to the person being mentored.
29.324 History History: 1983 a. 546; 1997 a. 248 s. 506; Stats. 1997 s. 29.324; 2015 a. 89, 100; 2017 a. 59, 61, 62; 2017 a. 364 ss. 4, 49.
29.327 29.327 Regulation of waterfowl blinds.
29.327(1)(1)In this section:
29.327(1)(a) (a) “Blind" means a permanent structure used in hunting waterfowl which is not removed at the end of hunting hours each day.
29.327(1)(b) (b) “Waterfowl" means wild geese, brant, wild ducks, rails, coots, gallinules, snipe, woodcock, plovers, sandpipers and wild swan.
29.327(2) (2)
29.327(2)(a)(a) A blind situated on state-owned property and used in hunting waterfowl must bear the name of the owner affixed permanently to the blind in lettering one-inch square or larger.
29.327(2)(b) (b) A blind on state-owned property may be erected not more than 7 days prior to the opening of the waterfowl hunting season and must be removed by the owner within 7 days after the close of the season unless the department approves an extension of the deadline for removal due to compelling personal needs of the owner. Any owner who erects a blind more than 7 days prior to the opening of the waterfowl hunting season or who does not remove a blind within 7 days after the close of the waterfowl season, or by a later date approved by the department, shall forfeit not less than $10 nor more than $200.
29.327 History History: 1977 c. 443; 1997 a. 248 ss. 441, 442; Stats. 1997 s. 29.327; 1997 a. 249 s. 36; 1999 a. 32.
29.327 Cross-reference Cross-reference: See also ss. NR 10.12 and 10.125, Wis. adm. code.
29.331 29.331 Trapping regulation.
29.331(1)(1)Tags.
29.331(1)(a)(a) Except as provided under par. (b), each trap used under a trapping license shall be tagged with a metal tag stamped with the name and address or customer identification number of the operator of the trap. If a trap is operated by more than one licensed trapper, the trap shall be tagged with the metal stamp of each operator of the trap. All untagged traps shall be seized and confiscated, and the owner or person using or attending the untagged traps shall be punished as provided under s. 29.971 (4) and (12). This paragraph does not apply to a person under the age of 16 trapping under the supervision of a licensed trapper as provided in s. 29.241 (5).
29.331(1)(b) (b) Each trap used by a person who is trapping with a qualified mentor as provided under s. 29.241 (6) shall be tagged with a metal tag stamped with the name and address or customer identification number of the person using the trap, the qualified mentor, or both. If the trap is tagged only by a person who is trapping with a qualified mentor, the trap may be operated only by that person or by the mentor and only when both are present.
29.331(2) (2)Shipments. All shipments of hides must be marked showing the number and kinds of hides in the package, the name and address of the shipper, and the number of the shipper's trapping license.
29.331(3) (3)Report. On or before June 1 annually, the licensee shall report to the department, by affidavit, on forms furnished by the department, the number of the licensee's license, the number and value of each variety of animals taken during the previous 12 months ending May 1, and other information required on the forms furnished.
29.331(3m) (3m)Use of fees. From the moneys received from the sale of trapping licenses, the department shall credit an amount equal to $2 times the number of trapping licenses issued to the appropriation under s. 20.370 (1) (Lq).
29.331(5) (5)Molesting traps.
29.331(5)(a) (a) No person may molest, take or appropriate a trap belonging to another person when the trap is lawfully placed. No person may take or appropriate the animal or contents of any lawfully placed trap belonging to another person. This paragraph does not apply to a person taking a trap belonging to a supervising trapper or mentor, or taking the contents of that trap, if the person is acting under the direction of a supervising trapper under s. 29.241 (5) or a mentor providing instruction under s. 29.241 (6).
29.331(5)(b) (b) A person who violates this subsection shall be fined not less than $300 nor more than $1,000 or imprisoned not more than 90 days or both. In addition, if a person violates this subsection, the court shall revoke all licenses issued to the person under this chapter for 5 years.
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2017-18 Wisconsin Statutes updated through 2019 Wis. Act 18 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on October 1, 2019. Published and certified under s. 35.18. Changes effective after October 1, 2019, are designated by NOTES. (Published 10-1-19)