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. 29.245(1)(1)
Definition. As used in this section:
29.245(1)(a)
(a) "Flashlight" means a battery operated light designed to be carried and held by hand.
29.245(1)(b)
(b) "Light" includes flashlights, automobile lights and other lights.
29.245(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.
29.245(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.
29.245(3)
(3) Shining deer or bear while hunting or possessing weapons prohibited. 29.245(3)(a)(a)
Prohibition. No person may use or possess with intent to use a light for shining deer or bear while the person is hunting deer or bear or in possession of a firearm, bow and arrow or crossbow.
29.245(3)(b)
(b)
Exceptions. This subsection does not apply:
29.245(3)(b)2.
2. To an employe of the department on official business.
29.245(3)(b)3.
3. To a person authorized by the department to conduct a game census.
29.245(4)
(4) Shining wild animals while hunting or possessing weapons prohibited. 29.245(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.
29.245(4)(b)
(b)
Exceptions. This subsection does not apply:
29.245(4)(b)1.
1. To a peace officer on official business, an employe of the department on official business or a person authorized by the department to conduct a game census.
29.245(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 or other unprotected animals during the open season for the animals hunted.
29.245(5)
(5) Shining wild animals after 10 p.m. during certain times of the year prohibited. 29.245(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.
29.245(5)(b)
(b)
Exceptions. This subsection does not apply:
29.245(5)(b)1.
1. To a peace officer on official business, an employe of the department on official business or a person authorized by the department to conduct a game census.
29.245(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 or other unprotected animals during the open season for the animals hunted.
29.245(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.
29.245(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.
29.245(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.
29.245(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.
29.245(7)(b)
(b) A person who violates
sub. (4) or
(5) shall forfeit not more than $1,000.
29.245 AnnotationShining provisions of 29.245 apply to game, fur and deer farms.
80 Atty. Gen. 7.
29.255
29.255
Training of hunting dogs and rules for dog trials. The department may promulgate, pursuant to
s. 23.09, such rules governing the training of hunting dogs and the conduct of dog trials as in its opinion are necessary to encourage the use of hunting dogs and to safeguard wildlife in the state, but such rules shall not be promulgated for the use of dogs for general hunting of small game during general hunting seasons.
29.255 History
History: 1985 a. 332 s.
251 (1), (5).
29.256
29.256
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.
29.256 History
History: 1975 c. 365.
29.27
29.27
Regulation of waterfowl blinds. 29.27(1)(a)
(a) "Blind" means a permanent structure used in hunting waterfowl which is not removed at the end of hunting hours each day.
29.27(1)(b)
(b) "Waterfowl" means wild geese, brant, wild ducks, rails, coots, gallinules, jacksnipe, woodcock, plovers, sandpipers and wild swan.
29.27(3)
(3) 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. The blind may be erected not more than 7 days prior to the opening of the waterfowl hunting season, as prescribed by the department, and must be removed within 7 days after the close of the season. A blind situated on state-owned property which does not bear the name of the owner as prescribed by this section is a public nuisance. The department may seize all such nuisances and may destroy or sell the blinds in the name of the state. The department and its deputies are exempt from all liability to the owner for the seizure and destruction or sale of the blind. The owner is responsible for removing the blind within 7 days after the close of the waterfowl hunting season. 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 shall be subject to a forfeiture of not less than $10 nor more than $200.
29.27 History
History: 1977 c. 443.
29.283
29.283
Fishing shanties on ice, regulation. 29.283(1)
(1)
Promulgation of rules. The department shall promulgate rules governing the use of buildings, vehicles, tents, fish shanties and similar shelters for fishing through the ice in any waters of the state.
29.283(3)
(3) Public nuisance; removal. Any building, vehicle, tent, fish shanty or similar shelter that is used or left on the ice in violation of any department order or that has fallen through the ice is a public nuisance. The department may seize all such nuisances whereupon the owner must be notified; if after the expiration of 10 days after notice given the owner does not claim such nuisance, the department may destroy or sell the same in the name of the state; the department and its deputies shall be exempt from all liability to the owner for such seizure and destruction or sale.
29.283(4)
(4) Reimbursement for department costs. If the department destroys or sells the building, vehicle, tent, fish shanty or similar shelter that is a public nuisance under
sub. (3), the owner shall reimburse the department for all costs associated with the seizure and destruction or sale of the public nuisance. The department shall give the owner written notice containing the amount of costs to be reimbursed and a statement that the owner must reimburse these costs to the department within 20 days after the notice is given. The department shall deposit the moneys received under this subsection in the fish and wildlife account in the conservation fund.
29.283(5)
(5) Forfeiture. If the owner does not reimburse these costs to the department within 20 days after the notice is given under
sub. (3), the owner is subject to the forfeiture specified under
s. 29.99 (11v).
29.283 History
History: 1989 a. 359;
1991 a. 39.
29.286
29.286
Possession of fishing equipment. 29.286(1)
(1) No person shall possess or control at any time any trammel, gill, or hoop net, or any other kind of net, nets, or fish trap that might take, catch or kill fish in the counties of: Adams, Barron, Burnett, Calumet, Chippewa, Clark, Columbia, Dane, Dodge, Dunn, Eau Claire, Florence, Fond du Lac, Forest, Green, Green Lake, Iowa, Jackson, Jefferson, Juneau, Lafayette, Langlade, Lincoln, Marathon, Marquette, Monroe, Oneida, Outagamie, Polk, Portage, Price, Richland, Rock, Rusk, Sauk, Sawyer, Shawano, Taylor, Vilas, Walworth, Washburn, Washington, Waukesha, Waupaca, Waushara, Winnebago and Wood except minnow nets and minnow traps, whitefish and cisco nets, dip nets, crab traps and turtle traps as provided in this chapter or by department order.
29.286(2)
(2) Nothing in this section shall prohibit the department or its agents from having in possession, using, or causing the use of any kind of nets as provided under other sections in the statutes, nor prohibit the possession or use of nets by contract fishers who are operating under the supervision of the department.
29.286 History
History: 1985 a. 332;
1991 a. 316.
29.29
29.29
Noxious substances. 29.29(1)(1)
Explosives; stupefactives. No person may take, capture or kill fish or game of any variety in any waters of this state by means of dynamite or other explosives or poisonous or stupefying substances or devices; or place in any waters of this state explosives which might cause the destruction of fish or game, except for the purpose of raising dead bodies whenever ordered by the public authorities, or for the purpose of clearing a channel or breaking a log or ice jam; or have in the possession or under the control of such person, upon any inland waters, any dynamite or other explosives or poisonous or stupefying substances or devices for the purpose of taking, catching or killing fish or game. Whoever violates this subsection shall be fined not more than $500 or imprisoned not more than 90 days or both.
29.29(2)
(2) Poison bait. No person shall use, set, lay or prepare in any of the waters of this state any lime, poison, fish berries, or any other substance deleterious to fish life.
29.29(3)(b)(b) No person may throw or deposit, or permit to be thrown or deposited, into any waters within the jurisdiction of the state any lime, oil, tar, garbage, refuse, debris, tanbark, ship ballast, stone, sand, except where permitted by
s. 30.12 (3) (a) 1., slabs, decayed wood, sawdust, sawmill refuse, planing mill shavings or waste material of any kind, or any acids or chemicals or waste or refuse arising from the manufacture of any article of commerce, or any other substance deleterious to game or fish life other than authorized drainage and sewage from municipalities and industrial or other wastes discharged from mines or commercial or industrial or ore processing plants or operations, through treatment and disposal facilities installed and operated in accordance with plans submitted to and approved by the department under
chs. 281,
285 or
289 to
299, except
s. 281.48, or in compliance with orders of the department. Any such order shall be subject to modification by subsequent orders. Any person violating this paragraph shall forfeit not more than $200. Each day of a continuing violation is a separate offense.
29.29(3)(c)
(c) Any person who intentionally violates this subsection shall be fined not more than $200 or imprisoned not more than 90 days or both.
29.29(4)
(4) Use of pesticides. The department of natural resources, after public hearing, may promulgate rules governing the use of any pesticide which it finds is a serious hazard to wild animals other than those it is intended to control, and the making of reports thereon. In making such determinations, the department to the extent relevant shall consider the need for pesticides to protect the well-being of the general public. It shall obtain the recommendation of the pesticide review board and such rules, other than rules to protect groundwater promulgated to comply with
ch. 160, are not effective until approved by the pesticide review board. "Pesticide" has the meaning designated in
s. 94.67.
29.29(5)
(5) Department of transportation activities; exception. This section does not apply to any activities carried out under the direction and supervision of the state department of transportation in connection with the construction, reconstruction, maintenance and repair of highways and bridges accomplished in accordance with
s. 30.12 (4).
29.29 Cross-reference
Cross-reference: See s.
134.67 for prohibition of use of DDT and exceptions to the prohibition.
29.29 Annotation
The legislative history and language of (3) indicates that the statute is concerned primarily with the discharge into navigable waters of refuse arising from manufacturing activities and does not attempt to prohibit silting caused by surface water runoff. State v. Deetz, 66 W (2d) 1, 224 NW (2d) 407.
29.29 Annotation
See note to 29.65, citing 62 Atty. Gen. 130.
29.29 Annotation
A proposed rule prohibiting the use of the chemical 2,4,5-T unless a permit has been obtained is within the statutory authority of DNR under (4). 64 Atty. Gen. 126.
29.29 Annotation
Discharging taconite tailings into water of Lake Superior was violation of Federal Water Pollution Control Act and common-law nuisance. United States v. Reserve Mining Co. 380 F Supp. 11.
29.30
29.30
Fishing with nets and setlines.
