29.223(2)(a)2.
2. Impeding or obstructing a person who is engaged in lawful hunting, fishing or trapping.
29.223(2)(a)3.
3. Impeding or obstructing a person who is engaged in an activity associated with lawful hunting, fishing or trapping.
29.223(2)(a)4.
4. Disturbing the personal property of a person engaged in lawful hunting, fishing or trapping.
29.223(2)(b)
(b) No person may knowingly fail to obey the order of a warden or other law enforcement officer to desist from conduct in violation of
par. (a) if the order is based on any of the following:
29.223(2)(b)1.
1. The warden or other law enforcement officer personally observed such conduct by the person.
29.223(2)(b)2.
2. The warden or other law enforcement officer has reasonable grounds to believe that the person has engaged in such conduct that day or that the person intends to engage in such conduct that day.
29.223(3)
(3) Exemptions. This section does not apply to actions under
sub. (2) (a) 1. to
5. performed by wardens and other law enforcement officers if the actions are authorized by law and are necessary for the performance of their official duties.
29.223(3m)
(3m) Affirmative defense. It is an affirmative defense to the prosecution for violation of this section if the defendant's conduct is protected by his or her right to freedom of speech under the constitution of this state or of the United States.
29.223(4)(a)(a) A person who is adversely affected by, or who reasonably may be expected to be adversely affected by, conduct that is in violation of
sub. (2) (a) may bring an action in circuit court for an injunction or damages or both.
29.223(4)(b)
(b) The circuit court may enter an injunction under
ch. 813 against conduct in violation of
sub. (2) (a) if the court determines any of the following:
29.223(4)(b)2.
2. The defendant has engaged in the conduct in the past and that it is reasonable to expect that the defendant will engage in the conduct that will adversely affect the plaintiff in the future.
29.223(4)(c)
(c) The circuit court may award damages to the plaintiff if the defendant's conduct in violation of
sub. (2) (a) has adversely affected the plaintiff. The damages awarded may include punitive damages and any special damages. Special damages may include approval fees, travel costs, camping fees, costs for guides, and costs for equipment or supplies to the extent that the plaintiff did not receive the full value of any of these expenditures due to the unlawful conduct of the defendant.
29.223 History
History: 1989 a. 190.
29.223 Annotation
Application of statute is limited to physical interference; does not violate freedom of speech. State v. Bagley, 164 W (2d) 255, 474 NW (2d) 761 (Ct. App. 1991).
29.224
29.224
Trapper education program; certificate of accomplishment. 29.224(1)(1)
Establishment; program requirements. 29.224(1)(a)(a) The department shall establish and supervise the administration of a statewide trapper education program funded from the appropriations under
s. 20.370 (1) (Lq) and
(ma). The department shall enter into an agreement with a statewide organization that has demonstrated ability and experience in the field of trapper education to assist in the establishment and administration of the program.
29.224(1)(b)
(b) The trapper education program shall provide classroom instruction and instruction by correspondence and shall provide a course of instruction that includes all of the following:
29.224(1)(b)3.
3. Interrelationships between trapping activities and the conservation of natural resources.
29.224(1)(c)
(c) The trapper education program shall use certified instructors when providing the instruction on techniques of trapping fur-bearing animals. The department shall establish criteria and standards for certifying these instructors.
29.224(2)(a)(a) The department and the organization with which the department enters into an agreement under
sub. (1) (a) shall jointly do all of the following:
29.224(2)(a)1.
1. Contract with a qualified individual, who shall not be an employe of the department, to operate the trapper education program.
29.224(2)(a)2.
2. Prescribe the duties and responsibilities of the individual contracted with under
subd. 1.
29.224(2)(b)
(b) The individual contracted with under
par. (a) 1. shall operate the trapper education program and shall do all of the following:
29.224(2)(b)1.
1. Supervise the recruitment and training of qualified trapper education instructors.
29.224(2)(b)3.
3. Maintain the records for the trapper education program.
29.224(2)(c)
(c) The administration of the trapper education program shall be under the supervision of the subunit of the department that is responsible for resource management.
29.224(3)(a)(a) The department shall establish by rule the fee for the course of instruction under the trapper education program.
29.224(3)(b)
(b) An instructor conducting the course of instruction under the trapper education program shall collect the fee established under
par. (a) from each person receiving instruction. The department may authorize an instructor to retain up to 50% of the fee to defray expenses incurred in the instructor's operation of the course. The instructor shall remit the remaining portion of the fee or, if nothing is retained, the entire fee to the department.
29.224(4)
(4) Course and promotional materials. The department may reimburse the organization with which it enters into an agreement under
sub. (1) (a) for the organization's costs of producing promotional and course materials for the program.
29.224(5)(a)(a) The department shall issue a certificate of accomplishment to a person who successfully completes the course of instruction under the trapper education program and who pays the instruction fee. The department shall prescribe the form and content of the certificate of accomplishment. The certificate may be used by a resident to whom issued in place of a trapping license as required in
s. 29.09 for the period specified in
s. 29.093 (6) (am).
29.224(5)(b)
(b) The department may issue a duplicate certificate of accomplishment to a person who is entitled to a duplicate certificate under this section. The department shall establish by rule the fee for a duplicate certificate.
29.224(6)
(6) Requirement of certificate of accomplishment to obtain trapping approval. 29.224(6)(a)(a) Except as provided in
pars. (b) to
(d), no person may be issued an approval authorizing trapping unless he or she holds a valid certificate of accomplishment issued under this section.
29.224(6)(b)
(b) A person who holds on May 12, 1992, a valid approval authorizing trapping is exempt from the requirement under
par. (a).
29.224(6)(c)
(c) A person who has held a valid approval authorizing trapping that expired before May 12, 1992, and that was not suspended or revoked is exempt from the requirement under
par. (a).
29.224(6)(d)
(d) A person who holds a valid certificate, license or other evidence indicating that he or she has successfully completed a trapper education course in another state is exempt from the requirement under
par. (a) if the department determines that the course has substantially the same content as the course of instruction under the program established under this section.
29.224 History
History: 1991 a. 254.
29.225
29.225
Hunter education and firearm safety program; certificate of accomplishment. 29.225(1)
(1)
Establishment; contents. The department shall establish by rule a statewide hunter education and firearm safety program. The hunter education and firearm safety program shall provide for a course of instruction in each school district or county. The department shall conduct this course of instruction in cooperation with qualified individuals, organizations, groups, associations, public or private corporations and federal, state and local governmental entities. This course shall provide instruction to students in the commonly accepted principles of safety in handling hunting firearms and equipment, the responsibilities of hunters to wildlife, environment, landowners and others, how to recognize threatened and endangered species which cannot be hunted and the principles of wildlife management and conservation.
29.225(2)
(2) Administration. The law enforcement administrator shall be the department's authorized agent to administer, supervise and enforce this section. The department shall appoint a qualified person from the law enforcement function, under the classified service, as the hunter education administrator and shall prescribe his or her duties and responsibilities. The department may appoint county directors, master hunter education instructors and regular hunter education instructors necessary for the hunter education and firearm safety program. These appointees are responsible to the department and shall serve on a voluntary basis without compensation.
29.225(3)
(3) Instruction fee. The department shall collect the instruction fee specified under
s. 29.092 (2) (n) from each person who receives instruction under the hunter education and firearm safety program. The department may authorize an instructor conducting a course of instruction meeting standards established by the department to retain 50% of this fee to defray expenses incurred locally to operate the program. The remaining portion of the fee or, if nothing is retained, the entire fee shall be deposited in the conservation fund.
29.225(4)(a)(a)
Issuance. The department shall issue a certificate of accomplishment to a person who successfully completes the course of instruction under the hunter education and firearm safety program and who pays the instruction fee. The department shall prescribe the form and content of the certificate of accomplishment. The certificate may be used by a resident to whom issued in place of a small game hunting license as required in
s. 29.09.
29.225(4)(b)
(b)
Duplicate. The department may issue a duplicate certificate of accomplishment to a person who is entitled to a duplicate certificate and who pays the fee specified under
s. 29.092 (13) (f). This fee shall be deposited in the conservation fund.
29.225 History
History: 1983 a. 420.
29.226
29.226
Requirement for certificate of accomplishment to obtain hunting approval for certain persons born on or after January 1, 1973. 29.226(1)
(1) Except as provided under
subs. (2) and
(3), no person born on or after January 1, 1973, may obtain any approval authorizing hunting unless the person is issued a certificate of accomplishment under
s. 29.225.
29.226(2)
(2) A person who has a certificate, license or other evidence indicating that he or she has completed a hunter safety course in another state and the course is recognized by the department under a reciprocity agreement may obtain an approval authorizing hunting regardless of whether the person is issued a certificate of accomplishment under
s. 29.225 in this state.
29.226(3)
(3) A person who successfully completes basic training in the U.S. armed forces, reserves or national guard may obtain an approval authorizing hunting regardless of whether the person is issued a certificate of accomplishment under
s. 29.225.
29.226 History
History: 1983 a. 420;
1991 a. 254.
29.227
29.227
Restrictions on hunting and use of firearms by persons under 16 years of age. 29.227(1)(a)(a)
Prohibition on hunting. No person under 12 years of age may hunt with a firearm or bow and arrow.
29.227(1)(b)
(b)
Restrictions on possession or control of a firearm. No person under 12 years of age may have in his or her possession or control any firearm unless he or she is enrolled in a course of instruction under the hunter education and firearm safety program and is carrying the firearm in a case and unloaded to or from that class under the supervision of a parent or guardian or is handling or operating the firearm during that class under the supervision of an instructor.
29.227(1)(c)
(c)
Restrictions on obtaining hunting approval. Except as provided under
par. (d), no person under 12 years of age may obtain any approval authorizing hunting.
29.227(1)(d)
(d)
Restrictions on validity of certificate of accomplishment. A person under 12 years of age may obtain a certificate of accomplishment if he or she complies with the requirements of
s. 29.225 (4) but that certificate is not valid for the hunting of small game until that person becomes 12 years of age.
29.227(2)(a)(a)
Restrictions on hunting. No person 12 years of age or older but under 14 years of age may hunt unless he or she is accompanied by a parent or guardian.
29.227(2)(b)
(b)
Restrictions on possession or control of a firearm. No person 12 years of age or older but under 14 years of age may have in his or her possession or control any firearm unless he or she:
29.227(2)(b)2.
2. Is enrolled in a course of instruction under the hunter education and firearm safety program and is carrying the firearm in a case and unloaded to or from that class or is handling or operating the firearm during that class under the supervision of an instructor.
29.227(3)(a)(a)
Restrictions on hunting. No person 14 years of age or older but under 16 years of age may hunt unless he or she:
29.227(3)(a)2.
2. Is issued a certificate of accomplishment under the hunter education and firearm safety program or a similar certificate issued by another state or province.
29.227(3)(b)
(b)
Restrictions on possession or control of a firearm. No person 14 years of age or older but under 16 years of age may have in his or her possession or control any firearm unless he or she:
29.227(3)(b)2.
2. Is enrolled in a course of instruction under the hunter education and firearm safety program and is carrying the firearm in a case and unloaded to or from that class or is handling or operating the firearm during that class under the supervision of an instructor; or
29.227(3)(b)3.
3. Is issued a certificate of accomplishment under the hunter education and firearm safety program or a similar certificate issued by another state or province.
29.227(4)
(4) Parental obligation. No parent or guardian of a child under 16 years of age may authorize or knowingly permit the child to violate this section.
29.227(5)
(5) Exception. Notwithstanding
subs. (1) to
(3), a person 12 years of age or older may possess or control a firearm and may hunt with a firearm or bow and arrow on land under the ownership of the person or the person's family if no license is required and if the firing of firearms is permitted on that land.
29.227 History
History: 1983 a. 420.
29.23
29.23
Hunting with aid of airplane prohibited. No person shall hunt any animal with the aid of an airplane, including the use of an airplane to spot, rally or drive animals for hunters on the ground.
29.23 History
History: 1971 c. 151.
29.24
29.24
Hunting and trapping by landowners and occupants. The owner or occupant of any land, and any member of his or her family, may hunt or trap beaver, foxes, raccoons, woodchucks, rabbits and squirrels on the land without a license at any time, except that such persons may not hunt during the period of 24 hours prior to the opening date for deer hunting in those counties or parts of counties where an open season for hunting deer with firearms is established. The owner or occupant of any land and any member of his or her family may take beaver, rabbits, raccoons and squirrels on the land at any time by means of live trapping with box traps in areas where the discharge of a firearm is unlawful.
29.245
29.245
Shining animals.
