29.177(5)(b) (b) Second preference. The department shall create a 2nd preference category for resident applicants who applied for but were not issued special permits for a given deer management area for the previous season. Within this preference category, the department shall give a preference point to each applicant for each previous season in which the person applied for but was not issued a special permit for that deer management area. 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 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.
29.177(5)(c) (c) Third preference. The department shall create a 3rd preference category for those persons who are not eligible under the 1st or 2nd preference categories.
29.177(5)(d) (d) Random selection. If the number of applicants within a preference category or a subcategory under this subsection exceeds the number of special deer hunting permits available in the category or subcategory, the department shall select at random within the category or subcategory the applicants to be issued the permits.
29.177(6) (6)Qualified landowner. In order to apply for a special deer hunting permit as a qualified landowner a person is required to be a resident and the owner of record or a vendee under a land contract of at least 50 acres in one parcel located in whole or in part in the deer management area for which the special permit is valid. No more than one person may apply as a qualified landowner for one parcel of land in one season and if the parcel of land is located in more than one deer management area, the owner or vendee may apply as a qualified landowner in only one of the deer management areas in which the parcel of land is located in one season.
29.177 History History: 1985 a. 29; 1987 a. 274, 353, 399; 1989 a. 31; 1991 a. 39; 1997 a. 27; 1997 a. 248 ss. 241 to 247; Stats. 1997 s. 29.177; 1997 a. 249 s. 27.
29.181 29.181 Bonus deer hunting permits.
29.181(1b) (1b)Definitions. In this section:
29.181(1b)(a) (a) "Agricultural purpose" means beekeeping, dairying, egg production, feedlots, grazing, arboriculture, horticulture, floriculture, plant nurseries and green houses, raising of livestock, raising of poultry, aquaculture, fur farming or growing of vegetables, fruits, nuts, berries, grains, grass, sod, mint or seed crops.
29.181(1b)(b) (b) "Farm" means land that is used on a commercial basis for an agricultural purpose during the year during which the bonus deer hunting permit is valid. "Farm" does not include land that is enrolled in the conservation reserve program under 16 USC 3831 to 3836.
29.181(1m) (1m)Issuance. Subject to s. 29.177 (3) and (3m), the department may issue a bonus deer hunting permit to a person who has a hunting license that authorizes the hunting of deer and who applies for the bonus deer hunting permit.
29.181(2) (2)Authorization. A bonus deer hunting permit shall authorize the holder of the bonus deer hunting permit to take an additional deer of the sex or type specified by the department on the permit. Except as authorized by rule, a person may not apply for or be issued more than one bonus deer hunting permit in a single season.
29.181(2m) (2m)Resident farm owner. If the department determines that for a deer management area the number of available bonus deer hunting permits for a single season will exceed the number of applications submitted, the department may authorize by rule the issuance of one or more bonus deer hunting permits to a resident without the resident having to pay any fee, including any processing or issuing fee, if the resident meets all of the following requirements:
29.181(2m)(a) (a) The resident is an owner of record or a vendee under a contract of a farm that is located in whole or in part in the deer management area or in whole or in part in an adjacent deer management area.
29.181(2m)(b) (b) The resident has been issued one bonus deer hunting permit for that season and for that deer management area for which the resident has paid the fee specified under s. 29.563 (2) (c) 1.
29.181 History History: 1991 a. 39; 1995 a. 27; 1997 a. 1; 1997 a. 248 ss. 248 to 254; Stats. 1997 s. 29.181; 1999 a. 9; 2001 a. 108.
29.181 Cross-reference Cross Reference: See also s. NR 10.001, Wis. adm. code.
29.182 29.182 Elk hunting licenses.
29.182(1) (1)Department authority. The department may issue elk hunting licenses and may limit the number of elk hunters and elk harvested in any area of the state. The department may establish by rule closed zones where elk hunting is prohibited.
29.182(2) (2)Application. A person who applies for an elk hunting license under this section shall pay the processing fee under s. 29.553 at the time of application.
29.182(3) (3)Authorization.
29.182(3)(a)(a) A resident elk hunting license authorizes a resident of this state to hunt elk with a firearm or bow and arrow, or with a crossbow, if the resident has a Class A, Class B, or Class C permit issued under s. 29.193 (2) that authorizes hunting with a crossbow, or if the resident has a crossbow permit issued under s. 29.171 (4) (a).
29.182(3)(b) (b) A nonresident elk hunting license authorizes a nonresident of this state to hunt elk with a firearm or with a bow and arrow.
29.182(4) (4)Issuance.
29.182(4)(a)(a) Except as provided in pars. (c) and (d) and sub. (4m), if the department issues elk hunting licenses, the department shall issue a resident or nonresident elk hunting license to any person who applies for such a license, and who pays the fees required for the license.
29.182(4)(b) (b) In issuing resident elk hunting licenses and nonresident elk hunting licenses under this section, the department shall determine the number of licenses it will issue in a given elk hunting season and shall allocate the licenses to residents and nonresidents in the following manner:
29.182(4)(b)1. 1. If the total number of licenses to be issued is 100 licenses or less, the licenses shall be allocated for issuance only as resident elk hunting licenses.
29.182(4)(b)2. 2. If the number of licenses to be issued is more than 100 licenses, the first 100 licenses and 95% of the amount over 100 shall be allocated for issuance as resident elk hunting licenses and the remaining licenses shall be allocated for issuance as nonresident elk hunting licenses.
29.182(4)(c) (c) If the number of applicants for resident elk hunting licenses exceeds the number of resident elk hunting licenses that are available under par. (b), the department shall select at random the residents to be issued the licenses. If the number of applicants for resident elk hunting licenses is less than the number of resident elk hunting licenses available under par. (b), the department shall reallocate the unissued licenses to be issued as nonresident elk hunting licenses under par. (d).
29.182(4)(d) (d) If the number of applicants for nonresident elk hunting licenses exceeds the number of nonresident elk hunting licenses that are available under par. (b), the department shall select at random the nonresidents to be issued the licenses. If the number of applicants for nonresident elk hunting licenses is less than the number of nonresident elk hunting licenses available under par. (b), the department shall reallocate the unissued licenses to be issued as resident elk hunting licenses.
29.182(4)(e) (e) In addition to any other elk hunting license that the department issues under this subsection, the department shall issue one resident elk hunting license in an elk hunting season to an organization known as the Rocky Mountain Elk Foundation if the organization applies for the license for that season and pays the required fees for the license. The organization may apply for the license only during the first 5 elk hunting seasons for which licenses are issued under this section.
29.182(4)(f) (f) The organization known as the Rocky Mountain Elk Foundation shall award the license that is issued under par. (e) as a prize in a raffle conducted by a subunit of the organization that is licensed to conduct raffles under ch. 563.
29.182(4)(g) (g) The organization known as the Rocky Mountain Elk Foundation shall transfer the license awarded or under par. (f) only to a person who is qualified to receive a resident elk hunting license and shall transfer to that person the carcass tag and back tag that was issued by the department to the organization under subs. (6) and (7).
29.182(4)(h) (h) If the organization known as the Rocky Mountain Elk Foundation fails to transfer the license under par. (g), the license shall become invalid, and the department may issue another resident elk hunting license under this subsection.
29.182(4)(i) (i) The organization known as the Rocky Mountain Elk Foundation shall use the proceeds from the raffle under par. (f) in this state to promote elk management, to promote the reintroduction of eastern elk, or to further elk research.
29.182(4m) (4m)Limitation of one license. A person may be issued, or transferred under sub. (4) (g), only one resident elk hunting license in his or her lifetime, and the resident elk hunting license shall be valid for only one elk hunting season. The issuance, or transfer under sub. (4) (g), of the license to the person is subject to s. 29.024 (2g).
29.182(5) (5)Fees. Fees received from the issuance of licenses under this section shall be credited to the appropriation account under s. 20.370 (1) (hq).
29.182(6) (6)Carcass tag. The department shall issue an elk carcass tag to each person and organization who is issued an elk hunting license under this section.
29.182(7) (7)Back tag.
29.182(7)(a)(a) The department shall issue a back tag to each person and organization who is issued an elk hunting license under this section.
29.182(7)(b) (b) No person may hunt elk unless there is attached to the center of the person's coat, shirt, jacket, or similar outermost garment where it can be clearly seen, the back tag issued to the person under par. (a).
29.182 History History: 2001 a. 109; 2003 a. 321.
29.184 29.184 Bear licenses.
29.184(1)(1)Definitions. In this section:
29.184(1)(a) (a) Notwithstanding s. 29.001 (42), "hunt bear" means to shoot, shoot at, take, catch, or kill a bear or pursue, with or without the use of dogs, a bear for the purpose of shooting, shooting at, taking, catching, or killing the bear.
29.184(1)(b) (b) "Minor" means a person who is at least 12 years of age but under 18 years of age.
29.184(2) (2)Department authority. The department may regulate and limit the number of bear hunters and bear harvested in any area of the state.
29.184(3) (3)Licenses; prohibitions; authorization.
29.184(3)(a)(a) Prohibition. Except as authorized under a Class A bear license or a Class B bear license and under sub. (5), no person may do any of the following:
29.184(3)(a)1. 1. Hunt bear.
29.184(3)(a)2. 2. Assist a person in hunting bear by tracking bear, trailing bear or engaging in any other activity to locate bear.
29.184(3)(a)3. 3. Bait bear.
29.184(3)(a)4. 4. Train a dog to track bear, to trail bear or to otherwise engage in any activity that contributes to locating bear.
29.184(3)(am) (am) Evidence of bear hunting. The fact that a person is observing a bear while possessing a firearm is not sufficient evidence to prove that the person holding the firearm is hunting bear.
29.184(3)(bg) (bg) Authorization; Class A bear license. A Class A bear license authorizes a resident or nonresident holder of the license to hunt bear and to exercise all of the privileges of a Class B bear license.
29.184(3)(br) (br) Authorization; Class B bear license. A Class B bear license authorizes a resident or nonresident holder of the license to do only the following:
29.184(3)(br)1. 1. Assist a holder of a Class A bear license in hunting bear by tracking bear, trailing bear or otherwise engaging in an activity that contributes to locating bear and that is authorized by rule by the department.
29.184(3)(br)2. 2. Bait bear.
29.184(3)(br)3. 3. Train a dog to track bear, to trail bear or to otherwise engage in an activity that contributes to locating bear and that is authorized by rule by the department.
29.184(4) (4)Use of dogs. While a person is using a dog to hunt bear or to engage in any of the activities specified in sub. (3) (br) 1. to 3., the person shall keep on his or her person any tag required for the dog under s. 95.21 (2) (f), 174.053 (2) or 174.07 (1) (e).
29.184(5) (5)Exemptions.
29.184(5)(a)(a) A person under the age of 12 years may engage in the activities authorized under sub. (3) (br) 1. to 3. without holding a Class B bear license.
29.184(5)(b) (b) If a disabled person holds either a Class A or a Class B bear license, a person who accompanies and assists the disabled person may engage in the activities authorized under sub. (3) (br) 1. to 3. without holding a Class B bear license.
29.184(6) (6)Issuance.
29.184(6)(a)(a) Application. A person who seeks a Class A or Class B bear hunting license shall apply to the department.
29.184(6)(b) (b) Cumulative preference system; random selection. If the number of qualified applications for Class A bear licenses exceeds the number of available licenses, the department shall select applicants to be issued Class A bear licenses based upon a cumulative preference system. This system shall establish preference categories for those applicants who applied for but who were not issued Class A bear licenses or bear harvest permits under s. 29.1085 (3) (b), 1993 stats., in the previous season, with higher priority given to those categories with more preference points than those with fewer preference points. For each season, the department shall allow each applicant under the system to apply for a preference point or for a license. The department shall give a preference point to each applicant who applies for a preference point and to each applicant who applies for a license but who is not selected. Applicants who fail to apply for either a preference point or a license at least once during any 3 consecutive years shall lose all previously accumulated preference points. If the number of applicants within a preference category exceeds the number of Class A bear licenses available in the category, the department shall select at random the applicants to be issued licenses within the preference category. Beginning on April 18, 2002, an applicant for a preference point must meet all of the following requirements on the first day of the bear hunting season that immediately follows the date of application:
29.184(6)(b)1. 1. The applicant is at least 12 years old.
29.184(6)(b)2. 2. The applicant is eligible for an approval authorizing hunting.
29.184(6)(c) (c) Notification, issuance; fees.
29.184(6)(c)1g.1g. A person who applies for a preference point or a license under par. (a) shall pay the processing fee under s. 29.553 at the time of application.
29.184(6)(c)1r. 1r. The department shall issue a notice of approval to those qualified applicants selected to receive a Class A bear license. A person who receives a notice of approval and who pays the fees required for the license shall be issued the license subject to s. 29.024 (2g).
29.184(6)(c)2. 2. A Class B bear license shall be issued subject to s. 29.024 (2g) by the department to any resident who applies for this license.
29.184(6m) (6m)Transfer.
29.184(6m)(a)(a) Upon application by a holder of a Class A bear license to transfer the license to a minor, and upon the payment of any fee required under par. (b), the department shall transfer the license to the minor if the application is made no later than the August 1st immediately preceding the open season for the hunting of bear to which the license applies and if the minor has not been previously transferred a license under this subsection.
29.184(6m)(b) (b) If the holder of a Class A bear license is a resident and the holder applies to transfer the license to a nonresident, the holder shall pay, at the time of application, the difference between the fee for a Class A license to a resident and the fee for a Class A license to a nonresident.
29.184(6m)(c) (c) A holder of a Class A bear license may not receive any consideration for the transfer of the license.
29.184(6m)(d) (d) Notwithstanding sub. (6) (b), a minor who is transferred a Class A bear license under this subsection shall retain all preference points that he or she has previously accumulated.
29.184(7) (7)Use of fees. Fees received from the issuance of licenses under this section shall be paid into the conservation fund to be used for administering bear licenses and for bear management activities.
29.184(8) (8)Carcass tag. The department shall issue a bear carcass tag to each person who is issued a Class A bear license. A person who kills a bear shall immediately validate and attach the carcass tag to the bear. The carcass tag shall be attached and validated according to rules promulgated by the department.
29.184(9) (9)Back tag.
29.184(9)(a)(a) The department shall issue a back tag to each person who is issued a Class A bear license or a Class B bear license.
29.184(9)(b) (b) No person may hunt bear or engage in the activity specified in sub. (3) (br) 1. or 3. 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 under par. (a).
29.184 History History: 1985 a. 270; 1997 a. 1 ss. 57 to 74, 77; 1997 a. 27, 191; 1997 a. 248 ss. 255 to 269; Stats. 1997 s. 29.184; 1997 a. 249 ss. 28 to 32; 1999 a. 9, 32, 186; 2001 a. 55; 2003 a. 59.
29.184 Cross-reference Cross Reference: See also ss. NR 10.001, 10.05, 10.10, 10.101, 10.102, 10.106, and 10.30, Wis. adm. code.
29.191 29.191 Stamps.
29.191(1)(1)Waterfowl hunting stamp.
29.191(1)(a)(a) Requirement; issuance; exceptions.
29.191(1)(a)1.1. Except as provided in subd. 3., no person may hunt waterfowl unless he or she is issued a conservation patron license or unless he or she is issued a waterfowl hunting stamp which, in the manner required by the rule promulgated under s. 29.024 (5) (a) 3., is attached to or imprinted on the person's hunting license which authorizes the hunting of small game or to the person's sports license.
29.191(1)(a)2. 2. The waterfowl hunting stamp shall be issued by the department subject to s. 29.024.
29.191(1)(a)3. 3. Any person who is under 16 years of age is exempt from the requirements of this paragraph. Any person who is exempt from the requirement to have a hunting license or who is not required to pay a fee for a hunting license is exempt from the requirements of subd. 1.
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This is an archival version of the Wis. Stats. database for 2003. See Are the Statutes on this Website Official?