29.053(1)
(1) All fishing seasons on inland waters shall open on a Saturday.
29.053(2)
(2) The department may exercise its authority under
s. 29.014 with reference to the state as a whole, or for any specified county or part of a county, or for any lake or stream or part of a lake or stream.
29.053(2)(a)
(a) 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. 29.193 (3) (a),
(b) or
(c), subject to all of the following conditions:
29.053(2)(a)1.
1. The department may not designate a body of water under this subsection that is 25 acres or greater in area.
29.053(2)(a)2.
2. The department may not designate a body of water under this subsection 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.
29.053(2)(a)3.
3. The department shall post notice of the restricted fishing season at each designated body of water.
29.053(2)(b)
(b) Section 227.16 (2) (e) does not apply to a rule promulgated under this subsection and, when the department proposes to add a body of water to or delete a body of water from a rule under this subsection, 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.
29.053(3)
(3) [this
chapter 29.193 (2)] The department may modify any requirement of this chapter or rules promulgated under it, establish special seasons, authorize the use of special equipment or take any other action in order to provide additional hunting and fishing opportunities for persons who are physically disabled or visually handicapped and may limit the number of persons involved.
29.053 Note
NOTE: Sub. (3) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c). The bracketed material was inserted by
1997 Wis. Act 248, but rendered without effect by
1997 Wis. Act 249. Corrective legislation is pending.
29.053 History
History: 1997 a. 248 ss.
112,
384,
388 to
392; s. 13.93 (2) (c).
29.055
29.055
Wild animals; possession in closed season or in excess of bag limit. Except as expressly provided in this chapter, no person may have in the person's possession or under the person's control, or have in storage, any wild animal or carcass that was taken during the closed season for that wild animal or that is in excess of the bag or possession limit or contrary to the size limits for that wild animal. The open and closed seasons and the bag, possession and size limits of the state, province or country in which a wild animal was taken shall apply to the wild animal or the carcass if it was lawfully killed outside of this state.
29.055 History
History: 1975 c. 360,
421;
1993 a. 410;
1997 a. 248 s.
502; Stats. 1997 s. 29.055.
29.057
29.057
Wild animals; possession in open season. It is unlawful to possess or control at any time a protected wild animal or the carcass of any protected wild animal showing that it was taken during the closed season for the protected wild animal.
29.057 History
History: 1997 a. 248 s.
503; Stats. 1997 s. 29.057.
29.059
29.059
Reports of hunters. Each person to whom a hunting or trapping license has been issued shall, upon request by the department, report to the department, on forms furnished by it, the number of the person's license, the number and kind of each animal taken by the licensee and other information that the department requires.
29.059 History
History: 1991 a. 316;
1997 a. 248 s.
282; Stats. 1997 s. 29.059.
29.071
29.071
Wildlife on Indian reservations protected. No person may remove or take from any Indian reservation the carcass of any protected wild animal during the closed season for the wild animal without a permit from the department.
29.071 History
History: 1997 a. 248 s.
538; Stats. 1997 s. 29.071.
29.075
29.075
Hunting, trapping and fishing by American Indians. American Indians hunting, trapping or fishing off Indian reservation lands are subject to this chapter.
29.075 History
History: 1983 a. 27;
1997 a. 248 s.
92; Stats. 1997 s. 29.075.
29.079
29.079
Deer hunting by practitioners of Ho-Chunk religion. 29.079(1)(1) Persons who are enrolled members of the Ho-Chunk nation and residents and who practice the traditional religion of the Ho-Chunk people may hunt deer during daylight hours for the members' use in religious ceremonies without obtaining licenses under this chapter. Each hunting party shall be designated by the respective clan. Each clan leader shall obtain permission for deer hunting under this section from the department not less than 24 hours prior to each hunt.
29.079(2)
(2) The department shall promulgate rules necessary to control the conditions and location under which hunting under this section may take place. The department may deny permission for hunting under this section when it determines that a denial is necessary to effectively manage the deer population. The number of deer taken under
sub. (1) during any calendar year shall be established by the department, by rule, when necessary to effectively manage the deer population. Hunting privileges under this section may not be exercised during the regular open season for deer.
29.079(3)
(3) Nothing in this section may be construed to eliminate any requirement that a landowner's permission must be obtained prior to hunting on his or her land.
29.079 History
History: 1977 c. 242;
1997 a. 248 s.
240; Stats. 1997 s. 29.079.
29.083
29.083
Interference with hunting, fishing or trapping. 29.083(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.
29.083(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:
29.083(2)(a)1.
1. Harassing a wild animal or by engaging in an activity that tends to harass wild animals.
29.083(2)(a)2.
2. Impeding or obstructing a person who is engaged in lawful hunting, fishing or trapping.
29.083(2)(a)3.
3. Impeding or obstructing a person who is engaged in an activity associated with lawful hunting, fishing or trapping.
29.083(2)(a)4.
4. Disturbing the personal property of a person engaged in lawful hunting, fishing or trapping.
29.083(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:
29.083(2)(b)1.
1. The warden or other law enforcement officer personally observed such conduct by the person.
29.083(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.
29.083(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.
29.083(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.
29.083(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.
29.083(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:
29.083(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.
29.083(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.
29.083 History
History: 1989 a. 190;
1997 a. 248 s.
415; Stats. 1997 s. 29.083.
29.083 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).
29.088
29.088
Use of poison and explosives; pole traps. 29.088(1)(1) Except as provided by
s. 29.601 (4), it is unlawful to use baits containing poison of any description in any forests, fields or other places where it might destroy or cause the destruction of wild animals or birds, and the possession of any poison or poison baits in a hunting or trapping camp or on any person while hunting or trapping shall be prima facie evidence of a violation.
29.088(2)
(2) Except as provided in
sub. (3), no person may take, capture or kill or attempt to take, capture or kill any wild animal with the aid of any explosive or poison gas, or set any explosive near or on any beaver or muskrat houses. Possession or control of an explosive or a poison gas in places described in
sub. (1) is prima facie evidence of intent to violate this subsection. Any person who violates this subsection shall be fined not more than $300 or imprisoned for not more than 30 days or both.
29.088(2g)(a)(a) Subsections (1) and
(2) do not apply to toxicants placed in the waters of a self-contained fish rearing facility or a state or municipal fish hatchery if the toxicants are necessary to the operation of the fish farm or fish hatchery.
29.088(2g)(b)
(b) Subsections (1) and
(2) do not apply to toxicants placed in the waters of a preexisting fish rearing facility that is an artificial body of water if the toxicants are necessary to the operation of the fish farm and the department has issued a permit under
s. 283.31 for the preexisting fish rearing facility.
29.088(2m)
(2m) It is unlawful to take, capture or kill or attempt to take, capture or kill any bird by setting or operating any trap or device designed, built or used to capture birds on a pole, post, tree stump or any other elevated perch more than 3 feet above the ground.
29.088(3)
(3) Nothing in this chapter prevents the department or a person authorized under
s. 29.885 from using an explosive or having an explosive near a beaver house or a beaver dam for the purpose of removing a beaver dam or a vacated beaver house when the beavers are causing damage to property.
29.089
29.089
Hunting on land in state parks and state fish hatcheries. 29.089(1)(1) Except as provided in
sub. (3), no person may hunt or trap on land located in state parks or state fish hatcheries.
29.089(2)
(2) Except as provided in
sub. (3), no person may have in his or her possession or under his or her control a firearm on land located in state parks or state fish hatcheries unless the firearm is unloaded and enclosed within a carrying case.
29.089(3)
(3) A person may hunt deer, wild turkeys or small game in a state park, or in a portion of a state park, if the department has authorized by rule the hunting of that type of game in the state park, or in the portion of the state park, and if the person holds the approvals required under this chapter for hunting that type of game.
29.089 History
History: 1989 a. 214;
1997 a. 237;
1997 a. 248 s.
599; Stats. 1997 s. 29.089.
29.091
29.091
Hunting or trapping in wildlife refuge. No person may hunt or trap within any wildlife refuge established under
s. 23.09 (2) (b) or
29.621, or have possession or control of any gun, firearm, bow or crossbow unless the gun or firearm is unloaded, the bow or crossbow is unstrung and the gun, firearm, bow or crossbow is enclosed within a carrying case. The taking of predatory game birds and animals shall be done as the department directs. All state wildlife refuge boundary lines shall be marked by posts placed at intervals of not over 500 feet and bearing signs with the words "Wisconsin Wildlife Refuge".
29.091 History
History: 1991 a. 316;
1997 a. 248 s.
600; Stats. 1997 s. 29.091.
HUNTING, TRAPPING AND FISHING APPROVALS
29.161
29.161
Resident small game hunting license. A resident small game hunting license shall be issued subject to
s. 29.024 by the department to any resident applying for this license. The resident small game hunting license does not authorize the hunting of bear, deer or wild turkey.
29.164
29.164
Wild turkey hunting license approvals. 29.164(1)
(1)
Definitions. As used in this section:
29.164(1)(a)
(a) "Family member" means a person who is related to another person as a parent, child, spouse or sibling.
29.164(1)(b)
(b) "Landowner" means the owner of record of a parcel of land or the purchaser of land under a land contract who has the right to occupy and the right to use the land.
29.164(1)(c)
(c) "Operator" means a resident who is residing on a parcel of land under a rental agreement, lease, agreement or contract and who is engaged in farm activities or other operations on the land.
29.164(1)(d)
(d) "Resident applicant" includes a qualified resident landowner who applies for a wild turkey hunting license.
29.164(2)(a)(a)
Department authority. The department may regulate and limit the hunting of wild turkeys by issuing licenses under this section.
29.164(2)(b)
(b)
Type of hunting authorized. A license issued under this section authorizes hunting with a firearm or bow and arrow or with a crossbow if the holder of the license is a resident and has a Class A, Class B or Class C permit issued under
s. 29.193 (2) [or 4.] that authorizes hunting with a crossbow or has a crossbow permit issued under
s. 29.171 (4) (a).
29.164 Note
NOTE: Par. (b) is shown as affected by three acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c). The bracketed language was inserted by
1997 Wis. Act 168, but rendered without effect by
1997 Wis. Act 249.
29.164(2)(c)1.1. No person may hunt wild turkey unless he or she has a valid wild turkey hunting license and a valid wild turkey hunting stamp attached to or imprinted on the person's wild turkey hunting license in the manner required by the rule promulgated under
s. 29.024 (5) (a) 3.
29.164(2)(c)2.
2. If the department establishes a wild turkey hunting zone where wild turkey hunting is permitted, no person may hunt wild turkeys in that wild turkey hunting zone unless the person has a wild turkey hunting license that is valid for that zone and that has a valid wild turkey hunting stamp attached or imprinted in the manner required by the rule promulgated under
s. 29.024 (5) (a) 3.
29.164(2)(d)
(d)
Exception. Any person holding a senior citizen recreation card or a conservation patron license is exempt from the requirements under
par. (c) if the person has received a notice of approval under
sub. (3) (e) and the person is exempt from paying the fee for the wild turkey hunting license.
29.164(3)(a)(a)
Cumulative preference system. If the department requires wild turkey hunting licenses and the number of applications for wild turkey hunting licenses exceeds the number of available wild turkey hunting licenses, the department shall issue wild turkey hunting licenses according to the cumulative preference system under this subsection.
29.164(3)(b)1.1. The department shall create a first preference category in the issuance of wild turkey hunting licenses to applicants who are qualified resident landowners. The number of licenses issued under this paragraph for a season for an established wild turkey hunting zone may not exceed 30% of all licenses issued for that season for that zone.
29.164(3)(b)2.
2. For purposes of
subd. 1., a qualified resident landowner is a resident who owns at least 50 acres in one parcel in an established wild turkey hunting zone and who agrees to allow other persons to hunt wild turkeys on that land if those persons first obtain permission to hunt from the landowner. If more than one individual is the landowner of a single parcel of land, only one individual may be considered a qualified resident landowner.
29.164(3)(b)3.
3. A qualified resident landowner may assign his or her eligibility to apply for a wild turkey hunting license under this paragraph as a qualified resident landowner to a family member, to an operator or to a family member of the operator. The department may specify the procedures and forms which are required to be followed and completed to effect this assignment. After this assignment, the assignee may apply for a wild turkey hunting license under this paragraph as a qualified resident landowner and the qualified resident landowner who assigned his or her eligibility may not so apply.
29.164(3)(c)
(c)
Second preference. The department shall create a 2nd preference category in issuing wild turkey hunting licenses to resident applicants who in a previous season applied for but were not issued wild turkey hunting licenses:
29.164(3)(c)1.
1. For the previous season if the department establishes one open season per year; or
