29.192(1)(b)
(b) Requiring registration of each farm on which Canada goose hunting is allowed and registration of each goose killed at the farm.
29.192(1)(c)
(c) Prohibiting the hunting of Canada geese without a valid permit issued by the department.
29.192(2)
(2) The department may establish by rule sharp-tailed grouse hunting zones where sharp-tailed grouse hunting is permitted. The department may establish by rule closed zones where sharp-tailed grouse hunting is prohibited. The department may regulate and limit the number of hunters and the maximum harvest of sharp-tailed grouse in any sharp-tailed grouse hunting zone or any other area, by doing any of the following:
29.192(2)(a)
(a) Requiring hunters to tag each sharp-tailed grouse killed with a tag issued by the department.
29.192(2)(b)
(b) Prohibiting the hunting of sharp-tailed grouse without a valid permit issued by the department.
29.192(3)
(3) The department may limit the number of trappers and the maximum harvest of wild fisher or otters in any area. The department may limit the number of hunters or trappers, or both, and may limit the maximum harvest of bobcats or beaver in any area. The department may limit the number of persons fishing for sturgeon by hook and line or by spear, or both, and may limit the maximum harvest of sturgeon in any area. The department may impose any limitation under this subsection by establishing a permit system.
29.192(4)
(4) If the department decides to limit the number of persons taking Canada geese, sharp-tailed grouse, fishers, otters, bobcats or sturgeon by issuing permits and if the number of persons seeking the permits exceeds the number of available permits, the department shall issue the permits according to a cumulative preference system established by the department. The department shall give a preference point to each applicant for each previous season for which the applicant applied but was not issued a permit. The system shall establish preference categories for these applicants, with higher priority given to those categories 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. If the number of applicants within a preference category or a subcategory exceeds the number of 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.
29.192(4m)
(4m) If the department establishes a permit system under
sub. (3) or
(4) that affects the trapping of bobcats, fishers, or otters, the department may do any of the following:
29.192(4m)(a)
(a) Impose greater or stricter limitations on trapping by nonresidents than on trapping by residents.
29.192(4m)(b)
(b) Give greater preference to residents over nonresidents in issuing permits.
29.192(5)
(5) The department shall establish the open season for hunting raccoon 2 weeks earlier for persons with resident licenses than for persons with nonresident licenses.
29.192 History
History: 1997 a. 248 ss.
385 to
387,
403,
409;
2005 a. 25,
284.
29.193
29.193
Approvals for disabled persons. 29.193(1b)
(1b)
Definition. In this section, "nongovernmental issuing agent" means a person who is appointed under
s. 29.024 (6) (a) 3.
29.193(1m)(a)(a) The department shall, after an investigation and without charging a fee, issue a trolling permit to any person who meets the requirements under
s. 29.171 (4) (a) 2. or
4.
29.193(1m)(b)
(b) A person holding a current fishing license issued under this chapter and either a trolling permit issued under
par. (a) or a Class A permit issued under
sub. (2) may fish or troll in the waters of this state using an electric motor, 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.
29.193(2)(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.
29.193(2)(b)1.1. The department shall, after 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.
29.193(2)(b)2.
2. An applicant shall submit an application on a form prepared and furnished by the department, which shall include 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.
29.193(2)(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.
29.193(2)(c)1.1. The department shall issue a Class A permit under this subsection to an applicant who is permanently disabled, as determined by the department, in any of the following ways:
29.193(2)(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.
29.193(2)(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.
29.193(2)(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.
29.193(2)(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.
29.193(2)(c)2m.
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.
29.193(2)(c)3.
3. The department may issue a Class B permit to an applicant who is ineligible for a permit under
subd. 1.,
2. or
2m. or who is denied a permit under
subd. 1.,
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.
29.193(2)(c)4.
4. The department shall issue a Class C permit to any person who is visually handicapped.
29.193(2)(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.
29.193(2)(cr)1.1. 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.
29.193(2)(cr)3.
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.
29.193(2)(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 that person has been issued the appropriate approval to do so. The assistance rendered by an accompanying person who has not been issued the appropriate approval is limited to field dressing, tagging and retrieving game for the permit holder.
29.193(2)(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 the person has been issued the appropriate approval to do so. The assistance rendered by an accompanying person may include sighting the firearm, bow or crossbow, identifying the game and field dressing, tagging and retrieving game for the permit holder.
29.193(2)(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.
29.193(3)
(3) Annual fishing license for disabled persons. The department or a county clerk appointed under
s. 29.024 (6) (a) 2. shall issue, subject to
s. 29.024 (2g), an annual disabled person fishing license to any resident at the time the resident applies for this license if the resident does one of the following:
29.193(3)(a)
(a) Produces a certificate from a licensed physician or optometrist stating that his or her sight is impaired to the degree that he or she cannot read ordinary newspaper print with or without corrective glasses.
29.193(3)(c)
(c) Produces evidence that shows that he or she is a veteran, as defined in
38 USC 101, and is receiving disability compensation benefits under
38 USC 1101 to
1163 for disabilities that result in a disability rating that is 70% or greater under
38 USC 1114.
29.193(3m)
(3m) Temporary fishing license for disabled persons. 29.193(3m)(a)(a) If a person submits an application to a nongovernmental issuing agent for an annual disabled person fishing license that includes the evidence specified in
sub. (3) (a),
(b), or
(c) and the applicable license fee and issuing fee, the nongovernmental issuing agent shall issue, subject to
s. 29.024 (2g), a temporary disabled person fishing license to the applicant. The nongovernmental issuing agent shall promptly forward all of the application materials for the annual fishing license to the department for the department's review. A temporary fishing license issued under this subsection is valid for 14 days after the date of issuance. If the department denies the application for an annual fishing license, the department shall notify the applicant within 30 days after the date the temporary fishing license is issued. If the department approves the application, the department shall issue, subject to
s. 29.024 (2g), the annual fishing license and mail it to the applicant within 30 days after the date the temporary fishing license is issued. The department may not charge any type of fee for issuing the annual fishing license, and the department may not refund the applicable fees for the temporary fishing license if the department denies the application for the temporary fishing license.
29.193(4)
(4) Federal matching funds. If the department determines that the fee collected for an annual fishing license issued under
sub. (3) (c) is less or more than is necessary to qualify these licenses for matching funding under
16 USC 777c, the department shall submit proposed legislation to the legislature in the manner provided under
s. 13.172 (2) to adjust the fee so that it equals the minimum amount necessary to qualify for the matching funding.
29.193(5)
(5) Group fishing license for the developmentally disabled. 29.193(5)(b)
(b) The department shall issue one-day group fishing licenses to groups consisting of individuals with developmental disabilities and their caregivers. Not more than 12 individuals may fish under the privilege conferred by each license.
29.194
29.194
Approvals for students and members of the armed forces. 29.194(1)(1)
Certain resident licenses may be issued to students and members of the armed forces. 29.194(1)(a)(a) Notwithstanding
ss. 29.024 (2) and
29.228 (1) (a), the department shall issue a resident fishing license, resident small game hunting license or resident deer hunting license to a qualified student applying for the license. A qualified student is a person who exhibits proof that he or she is a registered full-time student who is present in this state attending a public or private college or university that is located in this state and that offers an associate degree or 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.
29.194(1)(b)
(b) The department shall treat a qualified member of the armed forces as a resident for purposes of determining the member's eligibility for and cost of obtaining a hunting, trapping, or fishing approval under this subchapter. A qualified member of the armed forces is a person who exhibits proof that he or she is in active service in the U.S. armed forces or in forces incorporated in the U.S. armed forces and that he or she is stationed in this state.
29.194 Note
NOTE: Sub. (1) is shown as affected by 2 acts of the 2005 Wisconsin legislature and as merged by the revisor under s. 13.93 (2) (c).
29.194(2)
(2) Resident armed forces fishing license. An annual fishing license shall be issued by the department 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.
29.194(3)
(3) Resident armed forces small game hunting license. A small game hunting license shall be issued by the department 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.
29.194 History
History: 1997 a. 248 ss.
158 to
160,
411;
2005 a. 243,
283; s. 13.93 (2) (c).
29.194 Cross-reference
Cross Reference: See also s.
NR 19.001, Wis. adm. code.
29.195
29.195
Disabled veterans, Great Lakes Naval Hospital. Notwithstanding any other statute, any disabled veteran who is a patient at the Great Lakes Naval Hospital, Great Lakes, Illinois, may hunt pheasant in this state in Columbia County on any one day in November in each year, the day to be specified by the administrator of the hospital to the department, without obtaining a resident or nonresident hunting license under this chapter.
29.195 History
History: 1971 c. 127;
1973 c. 243 s.
81;
1997 a. 248 s.
281; Stats. 1997 s. 29.195.
29.197
29.197
Waivers of certain approvals. 29.197(1)
(1)
Definition. In this section "recreational activity" means hunting, fishing or trapping for sport.
29.197(2)
(2) Waiver. For a special event or program that involves a recreational activity and that is sponsored or approved by the department, the department may waive the requirement that persons have approvals required under this chapter, and pay the applicable fees, for the recreational activity if the department finds that all of the following apply:
29.197(2)(a)
(a) The special event or program will provide education in or appreciation of the recreational activity.
29.197(2)(b)
(b) The waiver of the approval requirement will not result in a substantial loss of revenue to the department as determined by rule by the department.
29.197(3)
(3) Weekend event. In addition to any special event or program sponsored under
sub. (2), the department shall, by rule, for a special event for one weekend per year, waive the requirement that persons be issued fishing licenses and pay the applicable fees in order to fish in the waters of this state. The department shall, by rule, designate to which inland or outlying waters this waiver shall apply.
29.197(4)
(4) Publicizing. The department shall, in cooperation with and with the assistance of the department of tourism, publicize the special events and programs sponsored or approved under this section.
29.197(5)
(5) Conditions; limitations. For a recreational activity that is the subject of the special event or program under this section, the department may waive conditions, limitations or restrictions required under this chapter or may establish reasonable conditions, limitations or restrictions that are in addition to those required under this chapter.
29.197(6)(a)(a) Persons who fish, hunt or trap in events or programs under this section may not sell, trade or barter the wild animals taken during the event or program. These persons are subject to all other conditions, limitations and restrictions required under this chapter except those waived.
29.197(6)(b)
(b) Persons who help or assist in conducting a special event or program, who are not employees of the department, and who are engaged in the recreational activity, are not exempt from possessing the approvals required under this chapter for the recreational activity.
29.197(7)
(7) Exclusion. No person who holds a commercial fishing license issued under
s. 29.519 may fish in an event or program under this section.
29.197(8)
(8) Requests for waivers. Any person conducting a special event or program that involves a recreational activity for which an approval is required under this chapter may request a waiver of the approval requirement from the department. A denial of a waiver request is not subject to review under
ch. 227.
29.197 Cross-reference
Cross Reference: See also s.s NR 19.025 and 20.25, Wis. adm. code.
29.199
29.199
Authorizations for certain patients and institutionalized persons to fish. The department shall issue an authorization without charge to a county hospital, state or federal mental hospital, state correctional institution or nonprofit institution located in this state for rehabilitation purposes upon request of the superintendent of the institution. The authorization permits a resident of the hospital or institution who is supervised by an employee of the hospital or institution to fish for fish subject to all other provisions of law.
29.199 History
History: 1993 a. 16;
1997 a. 248 s.
375; Stats. 1997 s. 29.199.
29.201
29.201
Waiver of fishing license requirement for groups of disabled persons. The department may exempt from the requirement of having fishing licenses groups of persons who are developmentally or physically disabled and who are participating in fishing excursions conducted by nonprofit organizations. The department need not promulgate as rules under
ch. 227, the exemptions authorized under this section.
29.201 History
History: 1993 a. 324;
1995 a. 225;
1997 a. 248 s.
376; Stats. 1997 s. 29.201.
29.204
29.204
Nonresident annual small game hunting license. A nonresident annual small game hunting license shall be issued subject to
s. 29.024 by the department to any nonresident applying for this license. The nonresident annual small game hunting license authorizes the hunting of small game during the appropriate open season but does not authorize the hunting of deer, elk, bear, wild turkey, or fur-bearing animals.
29.204 History
History: 1983 a. 27;
1991 a. 39;
1997 a. 27;
1997 a. 248 s.
270; Stats. 1997 s. 29.204;
2001 a. 109.
29.204 Cross-reference
Cross Reference: See also ss.
NR 10.12 and
10.125, Wis. adm. code.
29.207
29.207
Nonresident 5-day small game hunting license. A nonresident 5-day small game hunting license shall be issued subject to
s. 29.024 by the department to any nonresident applying for this license. The nonresident 5-day small game hunting license authorizes the hunting of small game for which there is an open season during the 5-day period for which it is issued but does not authorize the hunting of deer, elk, bear, wild turkey, or fur-bearing animals.
