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)(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)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)(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 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.
29.324
29.324
Group deer hunting. 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(2)
(2) Any member of a group deer hunting party may kill a deer for another member of the group deer hunting party if both 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 deer carcass tag which is authorized for use on the deer killed.
29.324(3)
(3) A person who kills a deer under
sub. (2) shall ensure that a member of his or her group deer hunting party without delay attaches a current validated deer carcass tag to the deer in the manner specified under
s. 29.347 (2). The person who kills the deer may not leave the deer unattended until after it is tagged.
29.324 History
History: 1983 a. 546;
1997 a. 248 s.
506; Stats. 1997 s. 29.324.
29.327
29.327
Regulation of waterfowl blinds. 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)(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. Each trap used under a trapping license shall be tagged with a metal tag stamped with the name and address of the owner. 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).
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)(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.
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.
29.331 Cross-reference
Cross Reference: See also ss.
NR 10.13 and
10.145, Wis. adm. code.
29.334
29.334
Hunting and trapping; treatment of wild animals. 29.334(1)(1) A person who hunts or traps any game animal or fur-bearing animal shall kill the animal when it is taken and make it part of the daily bag or shall release the game animal or fur-bearing animal.
29.334(2)
(2) Penalty. A person who violates
sub. (1) shall forfeit not less than $100 nor more than $1,000.
29.334(3)
(3) This section does not apply to farm-raised deer, farm-raised game birds, or wild animals that are subject to regulation under
ch. 169.
29.334 History
History: 1997 a. 248 s.
513;
1999 a. 32;
2001 a. 56 ss.
38 to
40,
69.
29.335
29.335
Feeding wild animals for nonhunting purposes. Subject to
s. 29.336, the department shall promulgate rules to regulate the recreational and supplemental feeding of wild animals for purposes other than hunting.
29.335 History
History: 2001 a. 108;
2003 a. 240.
29.336(1)(1) In this section, "feeding deer" means to place any material to feed or attract deer in or from the wild.
29.336(2)
(2) The department shall promulgate rules that prohibit feeding deer for hunting or viewing purposes in any of the following counties:
29.336(2)(a)
(a) A county in which the county or a portion of the county is in a chronic wasting disease control zone designated by the department by rule.
