29.183(3)
(3) A person who meets the requirements under
sub. (2) may request, or have a request made on his or her behalf, that the department defer the person's approval.
29.183(4)
(4) If the department receives a request for a deferral of an approval under
sub. (3) and any approval and tags that have already been issued before the day prior to the beginning of that hunting or trapping season, the department shall defer the person's approval.
29.183(5)
(5) The department shall notify the person whose approval was deferred under
sub. (4) that he or she may receive that deferred approval after his or her active duty ends without applying under the random or preference selection system. A person whose approval was deferred under
sub. (4) may apply for that approval during the calendar year that the person ceased serving on active duty in the U.S. armed forces or national guard, during the calendar year following the calendar year that the person ceased serving on active duty in the U.S. armed forces or national guard, or earlier if he or she is able to exercise his or her privilege to fish, hunt, or trap. Upon receipt of the appropriate fees and the application form prescribed by the department, the department shall issue the person his or her approval that was deferred.
29.183 History
History: 2005 a. 53;
2007 a. 66.
29.184(1)(1)
Definition. In this section, notwithstanding
s. 29.001 (42), "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. The department may regulate and limit the number of bear hunters and bear harvested in any area of the state.
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)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)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)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(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. (3) (br) 1. to
3. without holding a Class B bear license.
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. For each season, the department shall allow each applicant under the system to apply for a preference point or for a license. The department shall give a preference point to each applicant who applies for a preference point and to each applicant who applies for a license but who is not selected. Applicants who fail to apply for either a preference point or a license 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. Beginning on April 18, 2002, an applicant for a preference point must meet all of the following requirements on the first day of the bear hunting season that immediately follows the date of application:
29.184(6)(b)2.
2. The applicant is eligible for an approval authorizing hunting.
29.184(6)(c)1g.1g. A person who applies for a preference point or a license under
par. (a) shall pay the processing fee under
s. 29.553 at the time of application.
29.184(6g)
(6g) Issuance of additional Class A bear licenses. 29.184(6g)(a)(a) In addition to any other Class A bear hunting license that the department issues under this section, the department shall issue 2 certificates for Class A bear hunting licenses in a Class A bear hunting season to an organization known as the Wisconsin Bear Hunters' Association, Inc., if the organization applies for the certificates for that season.
29.184(6g)(b)
(b) The organization known as the Wisconsin Bear Hunters' Association, Inc., shall award one of the certificates that is issued under
par. (a) as a prize in a raffle conducted by a subunit of the organization that is licensed to conduct raffles under
ch. 563 and shall award the other to the person who places the highest bid in a public auction.
29.184(6g)(c)
(c) The organization known as the Wisconsin Bear Hunters' Association, Inc., shall transfer the certificate awarded under
par. (b) only to persons who are qualified to receive a Class A bear hunting license. A person who receives a certificate may present that certificate to the department and request a resident or nonresident Class A bear hunting license. Upon receipt of the certificate and the appropriate required fees, the department shall issue the holder of the certificate a resident or nonresident Class A bear hunting license and the carcass tag and back tag under
subs. (8) and
(9).
29.184(6g)(d)
(d) If the organization known as the Wisconsin Bear Hunters' Association, Inc., fails to transfer the certificates under
par. (c), the certificates shall become invalid.
29.184(6g)(e)
(e) The organization known as the Wisconsin Bear Hunters' Association, Inc., shall use the proceeds from the raffle and auction under
par. (b) in this state to promote bear management and education and to further bear research.
29.184(6g)(f)
(f) A person may be issued under
par. (c) only one Class A bear hunting license in his or her lifetime, and the Class A bear hunting license shall be valid for only one Class A bear hunting season. The issuance under
par. (c) of a license to the person is subject to
s. 29.024 (2g).
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)(a)(a) The department shall issue a back tag to each person who is issued a Class A bear license or 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).
29.191(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)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)(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)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 History
History: 1997 a. 248 ss.
195 to
211,
352 to
355,
357 to
362,
365 to
367,
406 to
408;
2001 a. 56;
2005 a. 25.
29.191 Cross-reference
Cross Reference: See also ch.
NR 8 and ss.
NR 10.12 and
10.125, Wis. adm. code.
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:
29.192(1)(a)
(a) Requiring hunters to tag each goose killed with a tag issued by the department.
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)(a)(a) If the department decides to limit the number of persons taking Canada geese, sharp-tailed grouse, 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(4)(b)1.1. If the department decides to limit the number of persons taking fishers, otters, or bobcats 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 system shall establish preference categories for those applicants who applied for but were not issued the applicable permits, with higher priority given to those categories with more points than those with fewer preference points. For each season, the department shall allow each applicant under the system to apply for a preference point or for a permit. The department shall give a preference point to each applicant who applies for a preference point and to each applicant who applies for a permit but who is not selected. Applicants who fail to apply for either a preference point or a permit 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(4)(b)2.
2. A person who applies for a preference point or a permit under
subd. 1. shall pay the processing fee under
s. 29.553 at the time of application.
29.192(4)(b)3.
3. The department shall issue a permit to those qualified applicants selected to receive a permit under
subd. 1.
29.192(4c)(a)(a) Notwithstanding
sub. (4), the department may issue permits authorizing the hunting of Canada geese without requiring that the permits be issued pursuant to a cumulative preference system under
sub. (4) to members of the U.S. armed forces who are all of the following:
29.192(4c)(a)2.
2. In active service with the U.S. armed forces outside this state.
29.192(4c)(b)
(b) The department may not impose any deadline or other restriction on the timing for permit applications or issuing permits under this subsection. If a permit under this subsection is issued during the applicable hunting season, the permit shall authorize hunting beginning on the date of issuance.
29.192(4c)(c)
(c) An applicant for a Canada goose hunting permit under this subsection shall be eligible for the same number of tags, if any are required, for each season as an applicant who is issued a Canada goose hunting permit under the cumulative preference system under
sub. (4).
