1997 Wisconsin Act 249

(g) No approval authorizing hunting may be issued to any person who is prohibited from obtaining this type of approval under s. 29.226 or 29.227 (1) (c).

249,2 Section 2 . 29.09 (1m) of the statutes, as affected by 1997 Wisconsin Acts 27 and .... (this act), is repealed and recreated to read:

29.09 (1m) Conditions and restrictions on licenses and other approvals. (a) A hunting, trapping or fishing approval may be issued only to and obtained only by a natural person entitled to the approval.

(b) Except as provided under sub. (12) (a), a resident hunting, trapping or fishing approval may be issued only to a person who presents to the issuing agent or the department definite proof of his or her identity and that he or she is a resident.

(c) No more than one of the same series of approval may be issued to the same person in any year.

(d) Except as provided under s. 29.33 (2) (d), no person may transfer his or her approval or permit the use of any approval by any other person.

(e) No person while hunting, trapping or fishing may use or carry any approval issued to another person, except that a person who accompanies and is assisting a disabled person may carry the disabled person's approval.

(f) 1. Except as provided under subd. 2. and as authorized by rules promulgated under sub. (3m) (a) 2., no person may obtain a hunting, trapping or fishing approval for another person.

2. A person who assists a disabled person may obtain an approval for a disabled person.

(g) No approval authorizing hunting may be issued to any person who is prohibited from obtaining this type of approval under s. 29.226 or 29.227 (1) (c).

Note: Currently, no person may carry a hunting or fishing license issued to another person and no person may obtain a hunting or fishing license for another person. This bill allows any person who accompanies and is assisting a disabled license holder to obtain or carry the license on behalf of the disabled person.

249,3 Section 3 . 29.09 (8m) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

29.09 (8m) (b) A person holding a current fishing license issued under this chapter and either a trolling permit or a Class A permit issued under sub. (9) (c) 1. may fish or troll in the waters of this state using an electric motor with no more than 36 pounds of thrust, notwithstanding any ordinances enacted under s. 30.77 (3) that prohibit the use of motor boats on navigable waters and subject to rules promulgated by the department regarding the use of electric motors for fishing or trolling by disabled persons.

Note: Currently, a person with certain specified disabilities may fish or troll with an electric motor with no more than 36 pounds of thrust. This bill amends this provision to delete the restriction on the maximum thrust of the electric motor. In addition, this bill authorizes the DNR to regulate the use of electric motors for fishing or trolling by disabled persons, which will permit the DNR to address issues such as fishing methods by disabled persons using an electric motor.

249,4 Section 4 . 29.09 (9) (a) 2. and 3. of the statutes are repealed.

Note: See Note after the treatment of s. 29.09 (9) (cr) 2. and 3.

249,5 Section 5. 29.09 (9) (b) 1. of the statutes is amended to read:

29.09 (9) (b) 1. After proper application, the department shall, after due investigation and without charging a fee, except for the costs of review in par. (c) 3. or (e), issue a Class A, Class B or Class C permit to any person, as provided in this subsection.

Note: Under current statutes, the DNR may not charge a fee for issuing a Class A, Class B or Class C permit to a disabled person. However, a special review procedure is provided for a disabled person who is ineligible for a permit or is denied a permit. The review procedure is discretionary with the DNR and all costs of the review procedure must be paid by the applicant. This bill clarifies that the DNR may issue the permit subject to the fee for review.

249,6 Section 6 . 29.09 (9) (c) 1. (intro.) of the statutes is amended to read:

29.09 (9) (c) 1. (intro.) The department shall issue a Class A permit under this subsection to an applicant who is handicapped permanently disabled, as determined by the department, in any of the following ways:

249,8 Section 8 . 29.09 (9) (c) 2. of the statutes is amended to read:

29.09 (9) (c) 2. The department shall issue a Class B permit under this subsection to an applicant who has a temporary disability which restricts mobility or ambulation due to injury or operative procedures and who either has a leg, hip or back, or any part thereof, casted by a licensed physician due to a fracture or has leg, hip or back surgery after August 31 immediately preceding the hunting season to which the permit will first apply. The department may also issue a Class B permit to a person as provided in subd. 3.

249,9 Section 9 . 29.09 (9) (c) 2m. of the statutes is created to read:

29.09 (9) (c) 2m. The department may issue a Class B permit under this subsection to an applicant who has a temporary disability which restricts mobility or ambulation due to illness, injury or operative procedures.

249,10 Section 10 . 29.09 (9) (c) 3. of the statutes is amended to read:

29.09 (9) (c) 3. The department may issue a Class B permit to an applicant who is ineligible for a permit under subd. 1. or, 2. or 2m. or who is denied a permit under subd. 1. or, 2. or 2m. if, upon review and after considering the physical condition of the applicant and the recommendation of a licensed physician or licensed chiropractor selected by the applicant from a list of licensed physicians and licensed chiropractors compiled by the department, the department finds that issuance of a permit complies with the intent of this subsection. The use of this review procedure is discretionary with the department and all costs of the review procedure shall be paid by the applicant.

Note: Under this bill, the DNR decision to issue a Class B permit may be based on the recommendation of a licensed chiropractor, as well as a licensed physician, as provided in the current statute. Chiropractors are permitted to make recommendations regarding other hunting and fishing statutes related to disabled persons, and the omission of chiropractors in this statute appears to be inadvertent.

249,12 Section 12 . 29.09 (9) (cr) of the statutes is renumbered 29.09 (9) (cr) 1.

249,13 Section 13 . 29.09 (9) (cr) 2. and 3. of the statutes are created to read:

29.09 (9) (cr) 2. A Class A permit authorizes the holder to shoot or hunt from a stationary vehicle, to fish or troll as authorized under sub. (8m) (b) and to hunt certain game with a crossbow as authorized under ss. 29.103 (2) (ar), 29.104 (2) and 29.117 (2).

3. A Class B permit authorizes the holder to use any of the hunting or fishing methods authorized in this chapter for a holder of a Class A permit that are specifically approved by the department for that Class B permit holder upon issuance or subsequent modification of the Class B permit.

Note: Currently a Class A permit is issued to a person with specified permanent physical disabilities and authorizes the holder to use certain hunting methods. A Class B permit is currently issued to a person with a permanent or temporary disability, or to a person who is ineligible for or is denied a Class A permit. A Class B permit authorizes the holder to use a more limited number of hunting methods than are available to the holder of a Class A permit.

This bill retains the Class A permit without change, but modifies the Class B permit. The Class B permit will no longer be available to a person with a permanent disability. Further, the DNR is given more flexibility in issuing the permit and in tailoring the permit to each individual's needs. Under this bill, the DNR may designate the hunting and fishing methods that a Class B permit holder may use, which may consist of any or all hunting methods available to a Class A permit holder. The DNR may specify the duration of each Class B permit, up to a period of 5 years.

249,14 Section 14 . 29.093 (2) (cr) 1. of the statutes is amended to read:

29.093 (2) (cr) 1. A An initial Class A or Class C permit issued under s. 29.09 (9) is valid for the 5-year period specified on the permit.

249,15 Section 15 . 29.093 (2) (cr) 1m. of the statutes is created to read:

29.093 (2) (cr) 1m. Upon renewal, a Class A or Class C permit issued under s. 29.09 (9) is valid for the 10-year period specified on the permit.

Note: Currently, a Class A or Class C permit issued to a disabled person is valid for a 5-year period. This bill changes the current statute to provide that the initial Class A or Class C permit is valid for a 5-year period, and renewals are valid for a 10-year period.

249,16 Section 16 . 29.093 (2) (cr) 2. of the statutes is amended to read:

29.093 (2) (cr) 2. A Class B permit issued under s. 29.09 (9) (c) 2. or 3. is valid from April 1 or the date of issuance, whichever is later, until the following March 31, unless otherwise authorized by the department and for the period specified on the permit by the department, not to exceed 5 years.

249,17 Section 17. 29.093 (2) (cr) 4. of the statutes is amended to read:

29.093 (2) (cr) 4. A An initial crossbow permit is valid for the 5-year period specified on the permit.

249,18 Section 18 . 29.093 (2) (cr) 4m. of the statutes is created to read:

29.093 (2) (cr) 4m. Upon renewal, a crossbow permit is valid for the 10-year period specified on the permit.

Note: Currently, a crossbow permit issued to a disabled person is valid for a 5-year period. This bill changes the current statute to provide that the initial crossbow permit is valid for a 5-year period, and renewals are valid for a 10-year period.

249,19 Section 19 . 29.093 (3) (fm) of the statutes is renumbered 29.093 (3) (fm) 1. and amended to read:

29.093 (3) (fm) 1. A An initial trolling permit is valid for the 5-year period specified on the permit.

249,20 Section 20 . 29.093 (3) (fm) 2. of the statutes is created to read:

29.093 (3) (fm) 2. Upon renewal, a trolling permit is valid for the 10-year period specified on the permit.

Note: Currently, a trolling permit issued to a disabled person is valid for a 5-year period. This bill changes the current statute to provide that the initial trolling permit is valid for a 5-year period, and renewals are valid for a 10-year period.

249,21 Section 21 . 29.103 (2) (ar) of the statutes is amended to read:

29.103 (2) (ar) 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. 29.09 (9) (c) 1. that authorizes hunting with a crossbow or has a crossbow permit issued under s. 29.104 (4) (a).

Note: Currently, a disabled state resident holding a Class A permit or a person holding a resident archer crossbow permit may use a crossbow to hunt turkey. A Class A permit is issued to a person with a permanent disability. This bill extends the use of crossbows to persons who hold a Class B or a Class C permit. A Class B permit is issued to a person who has a temporary disability, and the DNR specifies the hunting methods authorized by the permit. A Class C permit is issued to a person who is visually handicapped.

249,22 Section 22 . 29.104 (2) of the statutes is amended to read:

29.104 (2) A resident archer hunting license authorizes the hunting of all game, except bear and wild turkey, during the open seasons for hunting that game with bow and arrow established by the department. This license authorizes hunting with a bow and arrow only, unless hunting with a crossbow is authorized by a Class A, Class B or Class C permit issued under s. 29.09 (9) (c) 1. or a permit issued under sub. (4).

Note: Currently, a disabled state resident holding a Class A permit who holds a resident archer hunting license may obtain a crossbow permit to hunt all game except bear and wild turkey. A Class A permit is issued to a person with a permanent disability. This bill extends the issuance of crossbow permits to persons who hold a Class B or a Class C permit. A Class B permit is issued to a person who has a temporary disability, and the DNR specifies the hunting methods authorized by the permit. A Class C permit is issued to a person who is visually handicapped.

249,23 Section 23 . 29.104 (4) (a) 4. of the statutes is renumbered 29.104 (4) (a) 4. (intro.) and amended to read:

29.104 (4) (a) 4. (intro.) Has a permanent substantial loss of function in one or both arms or one or both hands and fails to meet the minimum standards of any one of the following standard upper extremity pinch, grip and 9-hole peg tests, administered under the direction of a licensed physician or a licensed chiropractor:

249,24 Section 24 . 29.104 (4) (a) 4. a., b. and c. of the statutes are created to read:

29.104 (4) (a) 4. a. Upper extremity pinch.

b. Grip.

c. Nine-hole peg.

Note: Under the current statutes, the DNR is required to issue a crossbow permit to a person who is unable to use a bow and arrow and who meets one of 4 criteria. One of these criteria, s. 29.104 (4) (a) 4., relates to permanent substantial loss of function of one or both arms or one or both hands and failure to meet the minimum standards of all of 3 objective physical tests. This bill amends this provision to require the DNR to use the results of any one of the 3 tests as the basis for issuing a crossbow permit.

249,25 Section 25 . 29.104 (4) (b) (intro.) of the statutes is amended to read:

29.104 (4) (b) (intro.) Crossbows used in hunting with a as authorized by a Class A, Class B or Class C permit issued under s. 29.09 (9) (c) 1. or under this subsection shall meet all of the following specifications:

249,26 Section 26 . 29.104 (4) (c) of the statutes is created to read:

29.104 (4) (c) The department may issue a crossbow permit to an applicant who is ineligible for a permit under par. (a) or who is denied a permit under par. (a) if, upon review and after considering the physical condition of the applicant and the recommendation of a licensed physician or licensed chiropractor selected by the applicant from a list of licensed physicians and licensed chiropractors compiled by the department, the department finds that issuance of a permit complies with the intent of this subsection. The use of this review procedure is discretionary with the department and all costs of the review procedure shall be paid by the applicant.

Note: This bill creates an appeal procedure for disabled applicants for a crossbow permit that is identical to the appeal procedure for a Class A or Class B permit.

249,27 Section 27 . 29.107 (6) of the statutes is amended to read:

29.107 (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 and a resident of the county in which that parcel is located or a resident of a county adjacent to the county in which that parcel is located. 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.

Note: Under current statutes, a person who meets certain conditions is given preference in obtaining a special deer hunting permit. Currently, the only special deer hunting permit is the hunter's choice permit, which allows a hunter to take a deer of either sex. To satisfy the conditions for special preference under the current statute, the person must be a resident of this state, the owner of at least 50 acres in at least one parcel located in the deer management area for which the special permit is valid and a resident of the county in which the parcel is located or an adjacent county. This bill eliminates the requirement that the person must be a resident of the county in which the parcel is located or the adjacent county, but retains the other requirements.

249,28 Section 28 . 29.1085 (1m) of the statutes, as affected by 1997 Wisconsin Act 1, is renumbered 29.1085 (1m) (a).

249,29 Section 29 . 29.1085 (1m) (b) of the statutes is created to read:

29.1085 (1m) (b) In any area of the state where the department has not authorized the use of dogs to hunt bear, the department may not authorize the pursuit of bear with dogs or the training of dogs to track bear, trail bear or engage in any other activity that contributes to locating bear.

Note: Under current regulations applicable to the use of dogs to pursue bear or training dogs to track bear, certain areas of the state in which bear hunting is not allowed may be used for the pursuit of bear with dogs or training dogs to track bear. This bill prohibits the DNR from authorizing the pursuit of bear with dogs or training dogs to track bear in any area of the state in which the DNR has not authorized bear hunting.

249,30 Section 30 . 29.1085 (2m) (title) of the statutes, as created by 1997 Wisconsin Act 1, is amended to read:

29.1085 (2m) (title) Exemption Exemptions.

249,31 Section 31 . 29.1085 (2m) of the statutes, as created by 1997 Wisconsin Act 1, is renumbered 29.1085 (2m) (a).

249,32 Section 32 . 29.1085 (2m) (b) of the statutes is created to read:

29.1085 (2m) (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. (2) (br) 1. to 3. without holding a Class B bear license.

Note: Under current statutes, a person who holds a Class A bear license may bait bear and may use and train dogs to track bear. A person who holds a Class B bear license may assist a person with a Class A bear license in hunting bear but may not shoot at, shoot or otherwise take a bear. A person who holds a Class B bear license may also bait bear and use and train dogs to track or otherwise locate bear. The current statutes provide one exemption that allows a child under the age of 12 to engage in the activities authorized under a Class B bear license without obtaining a Class B bear license. This bill creates an additional exemption from the requirement to obtain a Class B bear license for a person who accompanies and is assisting a disabled person who holds either a Class A or Class B bear license.

249,33 Section 33 . 29.117 (2) of the statutes is amended to read:

29.117 (2) Authorization. The nonresident archer hunting license authorizes the hunting of all game, except bear, wild turkey and fur-bearing animals, during the open season for the hunting of that game with a bow and arrow. This license authorizes hunting with a bow and arrow only and does not authorize hunting with a crossbow unless hunting with a crossbow is authorized by a Class A, Class B, or Class C permit issued under s. 29.09 (9).

Note: Under the current statutes, a nonresident archer hunting license authorizes hunting with a bow and arrow and does not authorize hunting with a crossbow. This bill amends this provision to permit the use of a crossbow by disabled nonresidents who are determined by the DNR to be qualified for such a permit.

249,34 Section 34 . 29.174 (2) (f) of the statutes is amended to read:

29.174 (2) (f) In addition to the types and manner of hunting authorized under ss. 29.09 (9) and 29.104 (4) for disabled persons and persons who are visually handicapped, as defined in s. 29.09 (9) (a) 5., the The department may modify any requirement of this chapter or rules promulgated under it, establish special hunting 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.

Note: The current statutes authorize the DNR to establish special hunting seasons or opportunities for persons who are physically disabled or visually handicapped and authorizes the DNR to limit the number of persons involved. This bill expands this provision to allow the DNR to modify any statute or rule related to hunting or fishing and to authorize any activity or use of special equipment or take any other action in order to provide additional opportunities for persons who are physically disabled or visually handicapped to hunt or fish.

249,35 Section 35 . 29.245 (4) (b) 3. of the statutes is created to read: