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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) (2)Prohibitions.
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)(a)5. 5. Disturbing a lawfully placed hunting blind.
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) (4)Civil actions.
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)1. 1. The defendant is threatening the conduct.
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 The application of this section is limited to physical interference and does not violate the freedom of speech. State v. Bagley, 164 Wis. 2d 255, 474 N.W.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) (2g)
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.
29.088 History History: 1973 c. 317; 1975 c. 52, 365; 1979 c. 34; 1981 c. 20; 1987 a. 27; 1989 a. 31; 1997 a. 27; 1997 a. 248 ss. 670 to 672; Stats. 1997 s. 29.088.
29.088 Cross-reference Cross Reference: See also s. NR 19.01, Wis. adm. code.
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, elk, 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; 2001 a. 109.
29.089 Cross-reference Cross Reference: See also ss. NR 10.001, 10.27, and 10.28, Wis. adm. code.
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.
29.091 Cross-reference Cross Reference: See also s. NR 10.001, Wis. adm. code.
subch. III of ch. 29 SUBCHAPTER III
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, elk, or wild turkey.
29.161 History History: 1973 c. 90 s. 538; 1973 c. 315; 1979 c. 34; 1983 a. 27; 1991 a. 39; 1997 a. 27; 1997 a. 248 s. 193; Stats. 1997 s. 29.161; 2001 a. 109.
29.161 Cross-reference Cross Reference: See also ss. NR 10.12, 10.125, and 10.26, Wis. adm. code.
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) (2)Authorization; restrictions.
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) that authorizes hunting with a crossbow or has a crossbow permit issued under s. 29.171 (4) (a), or is a resident senior citizen.
29.164(2)(c) (c) Requirements.
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) (3)Wild turkey hunting licenses.
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) (b) Qualified resident landowners.
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. 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
29.164(3)(c)2. 2. For the previous corresponding season if the department establishes more than one open season per year.
29.164(3)(cg) (cg) Third preference. The department shall create a 3rd preference category in issuing wild turkey hunting licenses to all other resident applicants.
29.164(3)(ci) (ci) Fourth preference. The department shall create a 4th preference category in issuing wild turkey hunting licenses to applicants who are qualified nonresident landowners. For purposes of this paragraph, a qualified nonresident landowner is a person who is not a resident and 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 nonresident landowner.
29.164(3)(cm) (cm) Fifth preference. The department shall create a 5th preference category in issuing wild turkey hunting licenses to all other nonresident applicants.
29.164(3)(cr) (cr) Cumulative preference.
29.164(3)(cr)1.1. In issuing licenses under the 2nd preference category under this subsection, the department shall give, within that preference category, a preference point to each applicant for each previous corresponding season for which the person applied but was not issued a wild turkey hunting license. The department shall create subcategories for each point total and place each applicant in the applicable subcategory. The department shall rank the subcategories according to the number of preference points received, giving higher priority to those subcategories with more points than those with fewer points. Applicants who fail to apply at least once during any 3 consecutive years shall lose all previously accumulated preference points.
29.164(3)(cr)2. 2. If the number of applicants within a preference category or a subcategory under this subsection exceeds the number of wild turkey hunting licenses available in the category or subcategory, the department shall select at random within the category or subcategory the applicants to be issued the licenses.
29.164(3)(d) (d) License limitation. No person may apply for or receive more than one wild turkey hunting license during one season.
29.164(3)(e) (e) Notification; issuance; payment. The department shall issue a notice of approval to those qualified applicants selected to receive a wild turkey hunting license. A person who receives a notice of approval and who pays the fee in the manner required by the department shall be issued a wild turkey hunting license.
29.164(4) (4)Wild turkey hunting stamps; tags.
29.164(4)(a)(a) Issuance. The wild turkey hunting stamp shall be issued by the department subject to s. 29.024.
29.164(4)(b) (b) Tags. The department may require that tags be issued with wild turkey hunting stamps.
29.164(5) (5)Use of moneys from fees. The fees collected from the sale of wild turkey hunting stamps shall be credited to the appropriation account under s. 20.370 (1) (ht).
29.164 Cross-reference Cross Reference: See also ss. NR 10.25 and 10.29, Wis. adm. code.
29.171 29.171 Resident archer hunting license.
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