LRB-2926/1
MGG:med&jld:jm
2011 - 2012 LEGISLATURE
January 27, 2012 - Introduced by Representatives Suder, Rivard, Krug, Severson,
Williams, Tiffany, Steineke, Endsley, LeMahieu, Bies, Pridemore, Ballweg,
Tauchen, Murtha, Nygren and Vruwink, cosponsored by Senators Moulton,
Lasee and Holperin. Referred to Committee on Natural Resources.
AB502,1,8
1An Act to renumber and amend 167.31 (4) (e);
to amend 29.024 (2) (d), 29.171
2(4) (b) (intro.), 29.314 (4) (b) 2., 29.314 (5) (b) 2., 29.337 (1) (intro.), 29.563 (14)
3(a) 3., 29.563 (14) (c) 3., 29.977 (1) (d) and 29.983 (1) (b) 4.; and
to create 20.370
4(5) (fv), 29.179 (1) (a) 10m., 29.180 (1) (a) 10m., 29.185, 29.337 (1) (c), 29.553 (1)
5(hr), 29.563 (4) (a) 3., 29.563 (4) (b) 3., 29.888 and 167.31 (4) (e) 2. of the statutes;
6relating to: hunting and trapping of wolves, providing an exemption from
7emergency rule procedures, extending the time limit for emergency rule
8procedures, and making an appropriation.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Natural Resources (DNR) to issue wolf
harvesting licenses if the wolf is removed from the U.S. and Wisconsin lists of
endangered and threatened species. Under the bill, both state residents and
nonresidents may be issued a license. The license authorizes both the hunting and
trapping of wolves. The bill requires that there be a single annual season for wolf
hunting and trapping from October 15 through the end of February. Under the bill,
DNR may limit the number of licenses issued and the number of wolves to be
harvested. The bill requires DNR to divide the state into up to four wolf harvesting
zones. A wolf harvesting license authorizes the license holder to hunt or trap or both
only in the zone that is specified on the license.
Under the bill, if the number of persons applying for a wolf harvesting license
exceeds the number of licenses that will be issued, DNR shall issue the licenses based
on a cumulative preference system. The system shall establish preference categories
for those applicants who applied for, but who were not issued, a wolf harvesting
license in previous seasons, with higher preference given to those applicants with
more preference points. Under the preference system, a person may elect to apply
for a preference point instead of a license in a given year. Each person receiving a
license will receive one tag. The bill also allows the transfer of licenses and
preference points under certain circumstances.
The bill specifies the types of firearms that may be used for wolf hunting and
also allows the use of bows and arrows and crossbows for wolf hunting. A crossbow
may be used by any person holding a wolf harvesting license. For hunting wolves,
the bill allows the use of dogs for part of the season and allows the baiting of wolves
with bait other than animal byproducts except for liquid scents. Hunting wolves at
night is also authorized for part of the season. Under the bill, the types of traps that
may be used for trapping wolves must include cable restraints. A cable restraint is
a type of trap using a noose made of cables.
The bill requires DNR to administer a program under which payments may be
made to persons for death or injury caused by wolves to livestock, to hunting dogs
other than those being used in the hunting of wolves, and to pets. Under current law,
DNR has promulgated rules establishing such a program. Under the bill, the moneys
collected as fees for wolf harvesting licenses are to be used to make payments under
this program. If, after making these payments, there are any moneys remaining,
DNR may use the moneys for wolf management and control activities conducted by
DNR.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB502, s. 1
1Section
1. 20.370 (5) (fv) of the statutes is created to read:
AB502,2,52
20.370
(5) (fv)
Wolf depredation program. All moneys received from the
3issuance of wolf harvesting licenses under s. 29.185 and all processing fees received
4as authorized under s. 29.553 (1) (hr) to be used for the wolf depredation program
5under s. 29.888.
AB502, s. 2
6Section
2. 29.024 (2) (d) of the statutes is amended to read:
AB502,3,3
129.024
(2) (d) Except as provided under s. 29.179, 29.180, 29.182 (4),
29.185 (4), 2or 29.519 (2) (d) or by rule, no person may transfer his or her approval or permit the
3use of any approval by any other person.
AB502, s. 3
4Section
3. 29.171 (4) (b) (intro.) of the statutes is amended to read:
AB502,3,95
29.171
(4) (b) (intro.) Except as provided in par. (bc), crossbows used in hunting
6as authorized by a Class A, Class B or Class C permit issued under s. 29.193 (2) or
7under this subsection or as authorized under sub. (2m) or s. 29.161 (2), 29.164 (2) (b),
829.182 (3) (a), 29.184 (3) (c),
29.185 (6), 29.204 (2), 29.207 (2), 29.213 (2), or 29.216
9(2) shall meet all of the following specifications:
AB502, s. 4
10Section
4. 29.179 (1) (a) 10m. of the statutes is created to read:
AB502,3,1111
29.179
(1) (a) 10m. Wolf harvesting license.
AB502, s. 5
12Section
5. 29.180 (1) (a) 10m. of the statutes is created to read:
AB502,3,1313
29.180
(1) (a) 10m. Wolf harvesting license.
AB502, s. 6
14Section
6. 29.185 of the statutes is created to read:
AB502,3,21
1529.185 Wolf harvesting licenses. (1) Department authority. If the wolf is
16not on the U.S. list of endangered and threatened species, as it applies to this state,
17and is not on the list of endangered and threatened Wisconsin species that is
18established under s. 29.604 (3) (a), the department shall regulate the hunting and
19trapping of wolves as provided in this section. In regulating wolf hunting and
20trapping, the department may limit the number of wolf hunters and trappers and the
21number of wolves that may be taken by issuing wolf harvesting licenses.
AB502,3,24
22(2) Licenses required. (a)
Prohibition. Except as authorized under a wolf
23harvesting license, no person may hunt or trap a wolf. Both residents and
24nonresidents are eligible for wolf harvesting licenses.
AB502,4,4
1(b)
Resident archer licenses and trapping licenses. Notwithstanding ss. 29.171
2(2), 29.216 (2), and 29.241 (3), a resident archer hunting license, a nonresident archer
3hunting license, or a trapping license does not authorize the hunting or trapping of
4wolves.
AB502,4,9
5(3) Issuance of licenses. (a)
Issuance; generally. Except as provided in par.
6(b), if the department establishes an open season as provided under sub. (5), the
7department, subject to ss. 29.024 and 54.25 (2) (c) 1. d., shall issue a wolf harvesting
8license to each person who applies for the license, and who pays the required fees for
9the license.
AB502,5,210
(b)
Cumulative preference system. In issuing wolf harvesting licenses under
11this subsection, the department shall determine the number of licenses that will be
12available for a given year. If the number of qualified applications for wolf harvesting
13licenses exceeds the number of licenses that are available, the department shall
14select the applicants to be issued the license based on a cumulative preference
15system. The system shall establish preference categories for those applicants who
16applied for but who were not issued a wolf harvesting license in previous seasons,
17with higher preference given to those applicants with more preference points. If the
18number of applicants within a preference category exceeds the number of wolf
19harvesting licenses available in the category, the department shall select at random
20within the category the applicants to be issued the licenses. For each season, the
21department shall allow each applicant to apply for a preference point or for a license.
22The department shall give a preference point to each applicant who applies for a
23preference point and to each applicant who applies for license but who is not selected.
24An applicant who applies for either a preference point or a license at least once during
25any 3 consecutive years shall not lose his or her acquired preference points under the
1system. A person applying under the system shall pay the processing fee at the time
2of application.
AB502,5,73
(c)
Preference system; on receipt of license. A applicant who is selected to receive
4a wolf harvesting license under the cumulative preference system established under
5par. (b) may elect to receive a preference point instead of a license if he or she serving
6on active duty in the U.S. armed forces or national guard during all or part of the wolf
7harvesting season for which the license is issued.
AB502,5,14
8(4) Transfer of license. (a) Upon application by a holder of a wolf harvesting
9license to the department to transfer the license to another person and upon payment
10of any fee required under par. (b), the department shall transfer the license if the
11application is made no later than the 15 days immediately preceding the first day of
12the wolf harvesting season if the person to whom the license is transferred is at least
1318 years of age and is otherwise eligible to use the license. The accompanying carcass
14tag shall also be transferred.
AB502,5,1815
(b) If the holder of the wolf harvesting license is a resident and the holder
16applies to transfer the license to a nonresident, the holder shall pay, at the time of
17application, any difference between the fee for issuing the license to a resident and
18the fee for issuing the license to a nonresident.
AB502,5,2019
(c) A holder of a license being transferred under this section may not receive
20any consideration for the transfer of the license.
AB502,5,23
21(5) Seasons; zones. (a) The department shall establish a single annual open
22season for both hunting and trapping wolves that begins on October 15th of each year
23and ends on the last day of February of the following year.
AB502,6,224
(b) The department shall divide the entire state into wolf harvesting zones. The
25total number of zones may not exceed 4. Each zone shall be open to both hunting and
1trapping, except as provided in par. (c). A wolf harvesting license authorizes its
2holder to hunt or trap or both only in the zone specified on the license.
AB502,6,83
(c) The department may close a wolf harvesting zone to both hunting and
4trapping of wolves, if the department determines that the closure is necessary to
5effectively manage the state's wolf population. Notwithstanding ss. 29.014 and
6227.10 (1) such closure need not be promulgated as a rule under ch. 227. Closure of
7a wolf harvesting zone under this paragraph may not take effect until at least 24
8hours after the department has done all of the following:
AB502,6,99
1. Posted notice of the closure on its Internet Web site.
AB502,6,1010
2. Announced the closure on its telephone registration system.
AB502,6,1111
3. Issued a press release announcing the closure.
AB502,6,1512
(d) The department may close a wolf harvesting zone to hunting of coyotes
13during a season that authorizes hunting of deer with firearms if the department
14determines that the closure is necessary to effectively manage the state's wolf
15population.
AB502,6,18
16(6) Authorized hunting and trapping activities. (a)
Authorization; hunting.
17A wolf harvesting license authorizes the hunting of wolves by using any of the
18following:
AB502,6,1919
1. A firearm, as authorized under par. (b), a bow and arrow, or a crossbow.
AB502,6,2020
2. Dogs to track or trail wolves, subject to par. (c).
AB502,6,2121
3. Predator calls, including electronic calls.
AB502,6,2322
4. Bait that does not involve animal parts or animal byproducts, other than
23liquid scents.
AB502,7,224
(b)
Firearms and ammunition. A wolf harvesting license authorizes hunting
25with a rifle, a muzzle-loading firearm, a handgun, a shotgun that fires slugs or
1shotshells, and any other firearm that is loaded with a single slug or ball. A wolf
2harvesting license authorizes hunting with shot that is larger than size BB.
AB502,7,53
(c)
Use of dogs. 1. A person may hunt wolves using dogs beginning with the
4first Monday that follows the last day of the regular season that is open to hunting
5deer with firearms and ending on the last day of February of the following year.
AB502,7,86
2. No more than 6 dogs in a single pack may be used to trail or track a wolf,
7regardless of the number of hunters assisting the holder of the wolf harvesting
8license.
AB502,7,119
3. While a person is using a dog to hunt wolf, the person shall keep on his or
10her person any tag required for the dog under s. 95.21 (2) (f), 174.053 (2), or 174.07
11(1) (e).
AB502,7,1512
(d)
Hunting at night. A person may hunt wolves during nighttime beginning
13with the first Monday that follows the last day of the regular season that is open to
14hunting deer with firearms and ending on the last day of February of the following
15year.
AB502,7,1816
(e)
Inapplicability of restrictions. A person who is hunting as authorized under
17a wolf harvesting license is not subject to any restrictions relating to hunting
18seasons, zones, or times that the department imposes on the hunting of coyote.
AB502,7,2019
(f)
Trapping; types of traps. The types of traps that shall be authorized by the
20department for trapping wolves shall include cable restraints.
AB502,8,5
21(7) Tags; registration. (a) The department shall issue one wolf carcass tag to
22each person who is issued a wolf harvesting license under sub. (3). Each holder of
23a wolf harvesting license who kills a wolf shall immediately validate and attach the
24carcass tag to the wolf. No person may possess, control, store, or transport a wolf
25carcass unless it is tagged as required under this paragraph. The carcass tag shall
1be attached and validated in the manner required by the department. A person who
2kills a wolf shall register the carcass with the department on a telephone registration
3system or through an electronic notification system established by the department.
4The carcass tag may not be removed before registration. The removal of a carcass
5tag from a wolf before registration results in the wolf being untagged.
AB502,8,106
(b) A person who harvests a wolf that has an attached or implanted radio
7telemetry device shall return the device to the department. The department shall
8inform the person, upon his or her request, of any information that has been collected
9through the telemetry device or otherwise by the department that relates that the
10wolf that was harvested.
AB502, s. 7
11Section
7. 29.314 (4) (b) 2. of the statutes is amended to read:
AB502,8,1412
29.314
(4) (b) 2. To a person who possesses a flashlight or who uses a flashlight
13at the point of kill while hunting on foot
for wolves or for raccoons, foxes, coyotes, or
14other unprotected animals during the open season for the animals hunted.
AB502, s. 8
15Section
8. 29.314 (5) (b) 2. of the statutes is amended to read:
AB502,8,1816
29.314
(5) (b) 2. To a person who possesses a flashlight or who uses a flashlight
17at the point of kill while hunting on foot
for wolves or for raccoons, foxes, coyotes, or
18other unprotected animals during the open season for the animals hunted.
AB502, s. 9
19Section
9. 29.337 (1) (intro.) of the statutes is amended to read:
AB502,8,2320
29.337
(1) (intro.) The owner or occupant of any land, and any member of his
21or her family, may hunt or trap beaver, coyotes,
wolves, foxes, raccoons, woodchucks,
22rabbits, and squirrels on the land without a license issued under this chapter or ch.
23169 at any time, except as follows:
AB502, s. 10
24Section
10. 29.337 (1) (c) of the statutes is created to read: