29.177(5)(b) (b) Second preference. The department shall create a 2nd preference category for resident applicants who applied for but were not issued special permits for a given deer management area for the previous season. Within this preference category, the department shall give a preference point to each applicant for each previous season in which the person applied for but was not issued a special permit for that deer management area. The department shall create subcategories for each point total and place each applicant in the applicable subcategory. The department shall rank the subcategories according to the number of points received, giving higher priority to those subcategories with more points than those with fewer points. Applicants who fail to apply at least once during any 3 consecutive years shall lose all previously accumulated preference points.
29.177(5)(c) (c) Third preference. The department shall create a 3rd preference category for those persons who are not eligible under the 1st or 2nd preference categories.
29.177(5)(d) (d) Random selection. If the number of applicants within a preference category or a subcategory under this subsection exceeds the number of special deer hunting permits available in the category or subcategory, the department shall select at random within the category or subcategory the applicants to be issued the permits.
29.177(6) (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. 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.
29.177 History History: 1985 a. 29; 1987 a. 274, 353, 399; 1989 a. 31; 1991 a. 39; 1997 a. 27; 1997 a. 248 ss. 241 to 247; Stats. 1997 s. 29.177; 1997 a. 249 s. 27.
29.181 29.181 Bonus deer hunting permits.
29.181(1b) (1b)Definitions. In this section:
29.181(1b)(a) (a) "Agricultural purpose" means beekeeping, dairying, egg production, feedlots, grazing, arboriculture, horticulture, floriculture, plant nurseries and green houses, raising of livestock, raising of poultry, aquaculture, fur farming or growing of vegetables, fruits, nuts, berries, grains, grass, sod, mint or seed crops.
29.181(1b)(b) (b) "Farm" means land that is used on a commercial basis for an agricultural purpose during the year during which the bonus deer hunting permit is valid. "Farm" does not include land that is enrolled in the conservation reserve program under 16 USC 3831 to 3836.
29.181(1m) (1m)Issuance. Subject to s. 29.177 (3) and (3m), the department may issue a bonus deer hunting permit to a person who has a hunting license that authorizes the hunting of deer and who applies for the bonus deer hunting permit.
29.181(2) (2)Authorization. A bonus deer hunting permit shall authorize the holder of the bonus deer hunting permit to take an additional deer of the sex or type specified by the department on the permit. Except as authorized by rule, a person may not apply for or be issued more than one bonus deer hunting permit in a single season.
29.181(2m) (2m)Resident farm owner. If the department determines that for a deer management area the number of available bonus deer hunting permits for a single season will exceed the number of applications submitted, the department may authorize by rule the issuance of one or more bonus deer hunting permits to a resident without the resident having to pay any fee, including any processing fee, if the resident meets all of the following requirements:
29.181(2m)(a) (a) The resident is an owner of record or a vendee under a contract of a farm that is located in whole or in part in the deer management area or in whole or in part in an adjacent deer management area.
29.181(2m)(b) (b) The resident has been issued one bonus deer hunting permit for that season and for that deer management area for which the resident has paid the fee specified under s. 29.563 (2) (c) 1.
29.181(3) (3)Use of fees. The fees received from issuing permits under this section shall be credited to the appropriation under s. 20.370 (5) (fq).
29.181 History History: 1991 a. 39; 1995 a. 27; 1997 a. 1; 1997 a. 248 ss. 248 to 254; Stats. 1997 s. 29.181.
29.184 29.184 Bear licenses.
29.184(1)(1)Definition. Notwithstanding s. 29.001 (42), in this section "hunt bear" means to shoot, shoot at, take, catch or kill a bear or pursue, with or without the use of dogs, a bear for the purpose of shooting, shooting at, taking, catching or killing the bear.
29.184(2) (2)Department authority.
29.184(2)(a)(a) The department may regulate and limit the number of bear hunters and bear harvested in any area of the state.
29.184(2)(b) (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.
29.184(3) (3)Licenses; prohibitions; authorization.
29.184(3)(a)(a) Prohibition. Except as authorized under a Class A bear license or a Class B bear license and under sub. (5), no person may do any of the following:
29.184(3)(a)1. 1. Hunt bear.
29.184(3)(a)2. 2. Assist a person in hunting bear by tracking bear, trailing bear or engaging in any other activity to locate bear.
29.184(3)(a)3. 3. Bait bear.
29.184(3)(a)4. 4. Train a dog to track bear, to trail bear or to otherwise engage in any activity that contributes to locating bear.
29.184(3)(am) (am) Evidence of bear hunting. The fact that a person is observing a bear while possessing a firearm is not sufficient evidence to prove that the person holding the firearm is hunting bear.
29.184(3)(bg) (bg) Authorization; Class A bear license. A Class A bear license authorizes a resident or nonresident holder of the license to hunt bear and to exercise all of the privileges of a Class B bear license.
29.184(3)(br) (br) Authorization; Class B bear license. A Class B bear license authorizes a resident or nonresident holder of the license to do only the following:
29.184(3)(br)1. 1. Assist a holder of a Class A bear license in hunting bear by tracking bear, trailing bear or otherwise engaging in an activity that contributes to locating bear and that is authorized by rule by the department.
29.184(3)(br)2. 2. Bait bear.
29.184(3)(br)3. 3. Train a dog to track bear, to trail bear or to otherwise engage in an activity that contributes to locating bear and that is authorized by rule by the department.
29.184(4) (4)Use of dogs. While a person is using a dog to hunt bear or to engage in any of the activities specified in sub. (3) (br) 1. to 3., the person shall keep on his or her person any tag required for the dog under s. 95.21 (2) (f), 174.053 (2) or 174.07 (1) (e).
29.184(5) (5)Exemptions.
29.184(5)(a)(a) A person under the age of 12 years may engage in the activities authorized under sub. (3) (br) 1. to 3. without holding a Class B bear license.
29.184(5)(b) (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. [sub. (3) (br) 1. to 3.] without holding a Class B bear license.
29.184 Note NOTE: The bracketed language indicates the correct cross-reference. Corrective legislation is pending.
29.184(6) (6)Issuance.
29.184(6)(a)(a) Application. A person who seeks a Class A or Class B bear hunting license shall apply to the department.
29.184(6)(b) (b) Cumulative preference system; random selection. If the number of qualified applications for Class A bear licenses exceeds the number of available licenses, the department shall select applicants to be issued Class A bear licenses based upon a cumulative preference system. This system shall establish preference categories for those applicants who applied for but who were not issued Class A bear licenses or bear harvest permits under s. 29.1085 (3) (b), 1993 stats., in the previous season, with higher priority given to those categories with more preference points than those with fewer preference points. The department shall give a preference point to each applicant who applies for a given season and who is not selected or who is selected but declines to pay the required fee for a Class A bear license. Applicants who fail to apply at least once during any 3 consecutive years shall lose all previously accumulated preference points. If the number of applicants within a preference category exceeds the number of Class A bear licenses available in the category, the department shall select at random the applicants to be issued licenses within the preference category.
29.184(6)(c) (c) Notification, issuance; payment.
29.184(6)(c)1.1. The department shall issue a notice of approval to those qualified applicants selected to receive a Class A bear license. A person who receives a notice of approval and who pays the required fee shall be issued the license subject to s. 29.09 (11m) [29.024 (2g)].
29.184 Note NOTE: The bracketed language indicates the correct cross-reference as renumbered by the revisor under s. 13.93 (1) (b).
29.184(6)(c)2. 2. A Class B bear license shall be issued subject to s. 29.024 (11m) [(2g)] by the department to any resident who applies for this license.
29.184 Note NOTE: Subd. 2. is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c). The bracketed language indicates the correct cross-reference as renumbered by the revisor under s. 13.93 (1) (b).
29.184(7) (7)Use of fees. Fees received from the issuance of licenses under this section shall be paid into the conservation fund to be used for administering bear licenses and for bear management activities.
29.184(8) (8)Carcass tag. The department shall issue a bear carcass tag to each person who is issued a Class A bear license. A person who kills a bear shall immediately validate and attach the carcass tag to the bear. The carcass tag shall be attached and validated according to rules promulgated by the department.
29.184(9) (9)Back tag.
29.184(9)(a)(a) The department shall issue a back tag to each person who is issued a Class A bear license, and the department or county clerk shall issue a back tag to each person who is issued a Class B bear license.
29.184(9)(b) (b) No person may hunt bear or engage in the activity specified in sub. (3) (br) 1. or 3. unless there is attached to the center of the person's coat, shirt, jacket or similar outermost garment where it can clearly be seen the back tag issued to the person under par. (a).
29.184 History History: 1985 a. 270; 1997 a. 1 ss. 57 to 74, 77; 1997 a. 27, 191; 1997 a. 248 ss. 255 to 269; Stats. 1997 s. 29.184; 1997 a. 249 ss. 28 to 32; s. 13.93 (2) (c).
29.191 29.191 Stamps.
29.191(1)(1)Waterfowl hunting stamp.
29.191(1)(a)(a) Requirement; issuance; exceptions.
29.191(1)(a)1.1. Except as provided in subd. 3., no person may hunt waterfowl unless he or she is issued a conservation patron license or unless he or she is issued a waterfowl hunting stamp which, in the manner required by the rule promulgated under s. 29.024 (5) (a) 3., is attached to or imprinted on the person's hunting license which authorizes the hunting of small game or to the person's sports license.
29.191(1)(a)2. 2. The waterfowl hunting stamp shall be issued by the department subject to s. 29.024.
29.191(1)(a)3. 3. Any person who is under 16 years of age is exempt from the requirements of this paragraph. Any person who is exempt from the requirement to have a hunting license or who is not required to pay a fee for a hunting license is exempt from the requirements of subd. 1.
29.191(1)(b) (b) Use of money from fees.
29.191(1)(b)1.1. `Habitat.' The department shall expend 67% of the money received from fees for waterfowl hunting stamps for developing, managing, preserving, restoring and maintaining wetland habitat and for producing waterfowl and ecologically related species of wildlife.
29.191(1)(b)2. 2. `Propagation.' The department shall expend 33% of the money received from fees for waterfowl hunting stamps for the development of waterfowl propagation areas within Canada which will provide waterfowl for this state and the Mississippi flyway. Money for the development of waterfowl propagation areas shall be provided only to nonprofit organizations. Before providing any money the department shall obtain evidence that the proposed waterfowl propagation project is acceptable to the appropriate provincial and federal governmental agencies of Canada.
29.191(2) (2)Pheasant hunting stamp.
29.191(2)(a)(a) Requirement.
29.191(2)(a)1.1. Except as provided in subds. 2. to 4., no person may hunt pheasant unless he or she has a valid conservation patron license, or has a valid pheasant hunting stamp which, in the manner required by the rule promulgated under s. 29.024 (5) (a) 3., is attached to or imprinted on the person's hunting license which authorizes the hunting of small game or to the person's sports license.
29.191(2)(a)2. 2. Any person who is exempt from the requirement to have a license authorizing the hunting of small game or who is not required to pay a fee for a license authorizing the hunting of small game is exempt from the requirements under subd. 1.
29.191(2)(a)3. 3. Any person hunting pheasant under s. 29.195 or on premises licensed under s. 29.865 is exempt from the requirements under subd. 1.
29.191(2)(a)4. 4. Any person hunting pheasant outside of a pheasant management zone, as established by the department, is exempt from the requirements under subd. 1.
29.191(2)(b) (b) Issuance. The pheasant hunting stamp shall be issued by the department subject to s. 29.024.
29.191(2)(c) (c) Use of moneys from fees. The fees collected under this subsection shall be credited to the appropriation under s. 20.370 (1) (hr).
29.191(4) (4)Inland waters trout stamps.
29.191(4)(a)(a) Definition. In this subsection, "inland trout waters" means inland waters but this term excludes all of the following:
29.191(4)(a)1. 1. Any harbor on Lake Michigan or Lake Superior.
29.191(4)(a)2. 2. Any river or stream tributary of Lake Michigan or Green Bay, except the Kewaunee river, from its mouth upstream to the first dam or lake.
29.191(4)(a)3. 3. Any other river or stream tributary of Lake Michigan or Green Bay that is designated by the department.
29.191(4)(b) (b) Requirement. Except as provided in par. (d), no person may fish for trout in inland trout waters unless he or she is issued a conservation patron license or unless he or she is issued an inland waters trout stamp which is attached to or imprinted on the person's fishing license or sports license in the manner required by the rule promulgated under s. 29.024 (5) (a) 3.
29.191(4)(c) (c) Issuance. The department shall issue an inland waters trout stamp subject to s. 29.024 to each person holding or applying for a fishing license or a sports license if the person intends to use the license for trout fishing in inland trout waters of the state.
29.191(4)(d) (d) Exemption. Any person who is exempt from the requirement to have a fishing license or who is not required to pay a fee for a fishing license is exempt from the requirements under par. (b).
29.191(4)(e) (e) Use of moneys from fees. The department shall expend the receipts from the sale under this subsection of inland waters trout stamps on improving and maintaining trout habitat in inland trout waters, conducting trout surveys in inland trout waters and administering this subsection.
29.191(5) (5)Great Lakes trout and salmon stamps.
29.191(5)(a)(a) Definition. In this subsection, "outlying trout and salmon waters" means any outlying waters and this term includes all of the following:
29.191(5)(a)1. 1. Any river or stream tributary of Lake Michigan or Green Bay from its mouth upstream to the first dam or lake.
29.191(5)(a)2. 2. Any other river or stream tributary of Lake Michigan or Green Bay that is designated by the department.
29.191(5)(b) (b) Requirement. No person may fish for trout or salmon in the outlying trout and salmon waters of the state unless the person is issued a resident or nonresident 2-day sports fishing license, unless the person is issued a conservation patron license or unless the person is issued a Great Lakes trout and salmon stamp which is attached to or imprinted on the person's fishing license or sports license in the manner required by the rule promulgated under s. 29.024 (5) (a) 3.
29.191(5)(c) (c) Issuance. The department shall issue a Great Lakes trout and salmon stamp subject to s. 29.024 to any person holding or applying for a fishing license or a sports license if the person intends to use the license for trout or salmon fishing in the outlying trout and salmon waters of the state.
29.191(5)(d) (d) Exemptions. This subsection does not apply to a person who is exempt from the payment or requirement for a fishing license.
29.191(5)(e) (e) Use of fees. The department shall expend the receipts from the sale of Great Lakes trout and salmon stamps to supplement and enhance the existing trout and salmon rearing and stocking program for outlying waters and to administer this subsection.
29.191 History History: 1997 a. 248 ss. 195 to 211, 352 to 355, 357 to 362, 365 to 367, 406 to 408.
29.192 29.192 Regulation of takings of certain wild animals.
29.192(1)(1) The department may regulate and limit the number of hunters and the maximum harvest of Canada geese in any area, by doing any of the following:
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This is an archival version of the Wis. Stats. database for 1997. See Are the Statutes on this Website Official?