29.08 History
History: 1971 c. 164;
1991 a. 316.
29.085
29.085
Department to regulate hunting and fishing in interstate waters. The department may regulate hunting and fishing on and in all interstate boundary waters, and outlying waters specified in
s. 29.01 (9) and
(11). Any act of the department in so regulating the hunting and fishing on and in such interstate boundary waters and outlying waters shall be valid, all other provisions of the statutes notwithstanding, provided such powers shall be exercised pursuant to and in accordance with
ss. 23.09 (2) and
29.174.
29.085 History
History: 1983 a. 27 s.
2202 (38).
29.09
29.09
Hunting, trapping and fishing; licenses and other approvals; issuance. 29.09(1)
(1)
License or other approval required for hunting, trapping or fishing. Except as specifically provided otherwise by
s. 29.155 (1g) and
(1h) or another section of this chapter, no person may hunt any wild animal, trap any game or fish for fish in the waters of this state unless the appropriate approval is issued to the person. A person shall carry the required approval with him or her at all times while hunting, trapping or fishing unless otherwise required by another section of this chapter or unless otherwise authorized or required by the department. A person shall exhibit the approval to the department or its wardens on demand.
29.09(1m)
(1m) Conditions and restrictions on licenses and other approvals. A hunting, trapping or fishing approval may be issued only to and obtained only by a natural person entitled to the approval. 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 county clerk or issuing agent definite proof of his or her identity and that he or she is a resident. No more than one of the same series of approval may be issued to the same person in any year. 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 and no person while hunting, trapping or fishing may use or carry any approval issued to another person. No person may obtain a hunting, trapping or fishing approval for another person. 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).
29.09(2)
(2) Form of application. The application for an approval shall be on the form and contain the information required by the department and no approval may be issued until the applicant complies with these requirements.
29.09(3)(a)(a)
Date; expiration. Each license or stamp shall state for what period the license or stamp is effective and the date of expiration.
29.09(3)(b)
(b)
Name; description; signature. Each license issued shall state the name and residence of the licensee, a description of the licensee and such other matter as may be determined by the department. Each license shall bear upon its face a true signature of the licensee and the date of issuance and shall be signed by the issuing agent. All licenses shall be issued in English and in ink.
29.09(3)(c)
(c)
Wild turkey hunting stamps. Each wild turkey hunting stamp shall bear upon its face a true signature of the person to whom it is issued.
29.09(4)
(4) Duplicates. If any license, permit, certificate or card is lost, the person to whom the license, permit, certificate or card was issued may apply to the department for a duplicate, submitting an affidavit proving loss. The department shall make an inquiry and investigation as it deems necessary. If the department is satisfied that the facts are as stated in the affidavit, the department may issue a duplicate license, permit, certificate or card to the applicant. Back tags and other tags issued with a license, permit, certificate or card are parts of the license, permit, certificate or card and loss of any part is deemed to be loss of the entire license, permit, certificate or card. Upon applying for a duplicate approval the applicant shall surrender all parts of the original approval remaining in his or her possession to the department. No duplicate stamp may be issued and if a stamp is lost, the person to whom it was issued is required to apply and pay the regular fee in order to receive a new stamp.
29.09(5)
(5) Blanks. The department shall prepare, procure the printing of and supply all necessary blanks for approvals issued under this chapter and related applications. Approval blanks and applications may be numbered consecutively, at the time of printing, in a separate series for each kind of approval. Each license blank shall be provided with a corresponding stub numbered with the serial number of the license. Each requisition for the printing of approval blanks shall specify any serial numbers to be printed on the blanks. The department or a county clerk may issue approvals only on blanks supplied by the department.
29.09(6)
(6) Approvals issued by a county clerk. A county clerk shall retain the stub of each license under this chapter issued by the county clerk's office in a record in the clerk's office. The county clerk shall file the stubs in numerical order immediately after licenses are issued. A county clerk shall retain a portion of any other approval issued by the county clerk's office and keep a record of that issuance as the department requires. The department or its wardens may examine at any time records required under this subsection.
29.09(7)
(7) Return of fees by county clerk. 29.09(7)(a)(a) Any fees for approvals collected by the county clerk except any issuing fee shall be remitted to the department by the 20th of each month, with a report of the number of licenses issued by the clerk and his or her deputies during the preceding month with a report on the issuance of other approvals, as required by the department, and with a statement of the amount of money remitted. If the clerk does not remit, the clerk shall forfeit not more than $100.
29.09(7)(b)
(b) All unused approval blanks shall be returned by the county clerk to the department at the close of the effective period for which the blanks were supplied. The department shall determine the disposition of license stubs and other portions of approvals by county clerks at the close of the year for which the licenses and approvals are issued.
29.09(7m)(b)(b) If a county retains issuing fees established under
s. 29.092 (15) as permitted under
sub. (7) or
(10), the county clerk shall deposit collections of fees for approvals with the county treasurer within one week after receipt. Payment to the department of the monthly remittance specified under
sub. (7) shall then be made by the county treasurer upon written order of the county clerk.
29.09(7m)(c)
(c) The department shall prescribe a minimum standard for accounting records which shall be maintained by each county clerk for approval transactions.
29.09(8)
(8) Record of approvals issued. The department shall keep a complete record of all approvals issued. The department is accountable for all unused approval blanks.
29.09(8m)
(8m) Disabled persons; trolling permits. 29.09(8m)(a)(a) After proper application, the department shall, after due investigation and without charging a fee, issue a trolling permit to any person who meets the requirements under
s. 29.104 (4) (a) 2. or
4.
29.09(8m)(b)
(b) A person holding a current fishing license and a trolling permit or 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.
29.09(9)
(9) Disabled persons; hunting permits. 29.09(9)(a)(a)
Definitions. As used in this subsection:
29.09(9)(a)1.
1. "Accompanied" means being subject to continuous visual or voice contact without the aid of any mechanical or electronic amplifying device other than a hearing aid.
29.09(9)(a)2.
2. "Class A permit" means a permit issued to a person with a permanent physical disability which authorizes the permit 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) and
29.104 (2).
29.09(9)(a)3.
3. "Class B permit" means a permit issued to a person with a permanent or a temporary physical disability which allows the permit holder to shoot or hunt from a stationary vehicle that is parked off a highway, as defined under
s. 340.01 (22), and parked more than 50 feet from the center of the roadway, as defined under
s. 340.01 (54).
29.09(9)(a)4.
4. "Vehicle" means a self-propelled vehicle, including any automobile, truck, snowmobile, all-terrain vehicle or other vehicle which travels on or off roads or highways.
29.09(9)(b)1.1. After proper application, the department shall, after due investigation and without charging a fee, issue a Class A, Class B or Class C permit to any person, as provided in this subsection.
29.09(9)(b)2.
2. An applicant shall submit on a form prepared and furnished by the department, as part of the application, a written statement or report prepared and signed by a licensed physician or licensed chiropractor, prepared no more than 6 months preceding the application and verifying that the applicant is physically disabled.
29.09(9)(b)3.
3. As part of the application for a Class A or Class B permit under this subsection, the applicant shall authorize the department by written release to examine all medical records regarding the applicant's physical disability.
29.09(9)(c)1.1. The department shall issue a Class A permit under this subsection to an applicant who is handicapped in any of the following ways:
29.09(9)(c)1.a.
a. Has a permanent or irreversible physical disability, is unable to ambulate and requires a wheelchair, walker, one leg brace or external prosthesis above the knee, 2 leg braces or external prostheses below the knees, 2 crutches or 2 canes for mobility.
29.09(9)(c)1.b.
b. Suffers significantly from lung disease, to the extent that forced expiratory volume for one second when measured by spirometry is less than one liter or the arterial oxygen tension is less than 60 millimeters of mercury on room air at rest.
29.09(9)(c)1.c.
c. Suffers significantly from cardiovascular disease, to the extent that functional limitations are classified in severity as class 3 or 4, according to standards accepted by the American heart association on May 3, 1988, and where ordinary physical activity causes discomfort, fatigue, palpitation, dyspnea or anginal pain.
29.09(9)(c)2.
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.
29.09(9)(c)3.
3. The department may issue a Class B permit to an applicant who is ineligible for a permit under
subd. 1. or
2. or who is denied a permit under
subd. 1. or
2. if, upon review and after considering the physical condition of the applicant and the recommendation of a licensed physician selected by the applicant from a list of licensed physicians 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.
29.09(9)(c)4.
4. The department shall issue a Class C permit to any person who is visually handicapped.
29.09(9)(cg)
(cg)
Approval required. In order to hunt, fish or troll after receiving a permit under this section, the permit holder must apply for and be issued, or must already hold, any type of approval required under this chapter for the type of hunting or fishing that he or she will be doing.
29.09(9)(cr)
(cr)
Authorization. A person holding a current resident or nonresident deer hunting license and a Class A or Class C permit may hunt deer of either sex with a firearm during any season open to hunting of deer with firearms that is established by the department.
29.09(9)(d)1.1. A holder of a Class A or Class B permit may be accompanied by a person who is not eligible to apply for a Class A or Class B permit. The accompanying person may not hunt or carry a firearm, bow or crossbow unless authorized to do so. The assistance rendered by an accompanying person who is not authorized to hunt or carry a firearm, bow or crossbow is limited to field dressing, tagging and retrieving deer or other game for the permit holder.
29.09(9)(d)2.
2. A holder of a Class C permit shall be accompanied by a person who is not eligible to apply for a permit under this section. The accompanying person may not hunt or carry a firearm, bow or crossbow unless authorized to do so. The assistance rendered by an accompanying person may include sighting the firearm, bow or crossbow, identifying the deer or other game and field dressing, tagging and retrieving deer or other game for the permit holder.
29.09(9)(e)
(e)
Review of decisions. An applicant denied a permit under this subsection, except a permit under
par. (c) 3., may obtain a review of that decision by a licensed physician or a licensed chiropractor designated by the department and with an office located in the department district in which the applicant resides. The department shall pay for the cost of a review under this paragraph unless the denied application on its face fails to meet the standards set forth in
par. (c) 1. or
2. A review under this paragraph is the only method of review of a decision to deny a permit under this subsection and is not subject to further review under
ch. 227.
29.09(9m)
(9m) Processing fees for applications for certain approvals. 29.09(9m)(a)(a) If the department issues any of the following approvals, a nonrefundable processing fee, in addition to any other fee imposed under
s. 29.092, shall be collected for each application for such an approval:
29.09(9m)(b)
(b) If a person applies jointly for a hunter's choice deer hunting permit and a bonus deer hunting permit, the person shall pay a single processing fee. A person who applies for a bonus deer hunting permit is exempt from paying an additional processing fee if the person has already applied for a hunter's choice deer hunting permit for the same season. If the department authorizes the issuing of more than one bonus deer hunting permit to a person in a single season under
s. 29.1075 (2), the person is exempt from paying an additional processing fee for an application for the 2nd or subsequent bonus deer hunting permit.
29.09(9r)
(9r) Handling fees for applications for certain approvals. 29.09(9r)(a)(a) In addition to any other fee imposed under
s. 29.092, the department may collect handling fees for the approvals that the department itself issues. The handling fees shall cover the costs associated with paying for approvals that are requested by mail, telephone or electronic means.
29.09(9r)(b)
(b) If the department collects handling fees under
par. (a), it shall promulgate rules to designate the approvals to which the fees shall apply and to establish the amounts of the fees. The fees may not be more than the amounts necessary to cover the handling costs of issuing the approvals. In this paragraph, "handling costs" includes credit transaction fees, mailing costs and personnel costs that are necessary to process the credit transaction.
29.09(9r)(c)
(c) Any fees collected under this subsection shall be deposited in the conservation fund and credited to the appropriation account under
s. 20.370 (1) (Lu).
29.09(10)(a)(a)
Collection of issuing fee. A person authorized to issue any license or stamp prescribed by this chapter shall collect, in addition to the statutory license or stamp fee, an issuing fee for each license and each stamp the person issued to compensate for services in issuing the license or stamp.
29.09(10)(am)
(am)
Collection of issuing fee for certain approval applications. A person authorized to distribute an application under
sub. (9m) shall collect, in addition to the processing fee, an issuing fee for each application.
29.09(10)(b)
(b)
Department employes. An issuing fee collected by any employe of the department shall be remitted to the department together with the statutory approval fee.
29.09(10)(c)
(c)
Nonpublic issuing agents. Deputies appointed by county clerks, other than county employes, and deputies appointed by the department, other than state employes, are entitled to retain 50 cents of each issuing fee for licenses and 15 cents of each issuing fee for stamps.
29.09(11)
(11) Bond required. The department shall provide and pay the cost of a blanket surety bond covering county clerks performing duties under this chapter. The bond shall be conditioned, among other things, upon the faithful performance of the clerk's duties according to law and shall provide for the payment to the parties entitled to payment, damages, not exceeding the amount provided in the bond, as may be suffered by them in consequence of a failure on the part of any clerk to discharge his or her duties. The amount of the bond shall be determined by the department.
29.09(12)(a)(a)
Certain resident licenses may be issued to students and members of the armed forces. Notwithstanding
sub. (1m) and
s. 29.14 (1) (a), the department and the county clerk of each county shall issue a resident fishing license, resident small game hunting license or resident deer hunting license to a qualified student or qualified member of the armed forces applying for the license. A qualified student is a person who exhibits proof that he or she is a registered full-time undergraduate student in residence at a public or private college or university located in this state and offering a bachelor's degree or that he or she is a citizen of a foreign country temporarily residing in this state while attending a high school located in this state or an agricultural short course at the university of Wisconsin system. A qualified member of the armed forces is a person who exhibits proof that he or she is in active service with the U.S. armed forces and that he or she is stationed in this state.
29.09(12)(b)
(b)
Resident armed forces fishing license. An annual fishing license shall be issued by the department or a county clerk to any member of the U.S. armed forces applying for this license who exhibits proof that he or she is in active service with the armed forces and that he or she is a resident on furlough or leave.
29.09(12)(c)
(c)
Resident armed forces small game hunting license. A small game hunting license shall be issued by the department or by a county clerk to any member of the U.S. armed forces applying for this license who exhibits proof that he or she is in active service with the armed forces and that he or she is a resident on furlough or leave.
29.09(13)
(13) Stamps; artwork. The department shall design and produce waterfowl hunting stamps, pheasant hunting stamps, wild turkey hunting stamps, inland waters trout stamps and Great Lakes trout and salmon stamps. The department may select artwork for stamps through a contest or otherwise may acquire original artwork for stamps.
29.09 History
History: 1971 c. 213 s.
5;
1971 c. 215;
1973 c. 90;
1975 c. 365;
1977 c. 69;
1979 c. 34;
1981 c. 226;
1983 a. 27,
368,
420,
538;
1985 a. 29 ss.
656,
3202 (39) (f);
1985 a. 36,
326;
1987 a. 27,
353;
1987 a. 403 s.
256;
1989 a. 31,
56,
73;
1991 a. 39,
77;
1993 a. 167,
217;
1995 a. 27,
376.
29.09 Annotation
Treaty of 1854 construed to allow Chippewa Indians fishing rights in Lake Superior by methods reasonably conforming to aboriginal methods. State v. Gurnoe, 53 W (2d) 390, 192 NW (2d) 892.
29.09 Annotation
See note to 23.53, citing State v. Peterson, 98 W (2d) 487, 297 NW (2d) 52 (Ct. App. 1980).
29.09 AnnotationChanges made to (7m) by
1987 Wisconsin Act 27 did not alter county board's authority to permit county clerk to keep issuing fees prescribed by 29.09 (10) and 29.092 (15) as part of compensation.
77 Atty. Gen. 267.
29.092
29.092
Fish, wildlife and wild plant fee schedule. 29.092(1)(1)
Imposition of fees. Unless another section of this chapter specifically provides otherwise, a person who applies for an approval issued under this chapter shall pay the fees specified under
subs. (2) to
(15).
29.092(2)
(2) Hunting licenses; permits; stamps; certificate; tags. 29.092(2)(a)(a)
Resident small game. Except as provided in
sub. (3v) (a) 1. and
(am), the fee for a resident small game hunting license is $10.25.
29.092(2)(b)
(b)
Resident armed forces small game. There is no fee for a small game hunting license issued to a member of the U.S. armed forces under
s. 29.09 (12) (c).
29.092(2)(c)
(c)
Resident deer. The fee for a resident deer hunting license is $16.25.
29.092(2)(d)
(d)
Resident bear. The fee for a resident bear hunting license is $5.
29.092(2)(e)
(e)
Resident archer. The fee for a resident archer hunting license is $16.25.
29.092(2)(em)
(em)
Resident wild turkey. The fee for a resident wild turkey hunting license is $7.25.
29.092(2)(f)
(f)
Nonresident annual small game. The fee for a nonresident annual small game hunting license is $68.25.
