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).
29.192(4m)
(4m) If the department establishes a permit system under
sub. (3) or
(4) (b) 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.
29.193
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 disabled person who holds a current fishing license issued under this chapter or who is exempt from holding a fishing license under this chapter and who holds 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. A person who assists the disabled person in the same boat may also fish or troll if he or she also holds a current fishing license or is exempt from holding a license. A person may use an electric motor under this subsection notwithstanding any ordinances enacted under
s. 30.77 (3) that prohibit the use of motor boats on navigable waters. The use of such motor is subject to any 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, Class C, or Class D 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, a licensed chiropractor, or a licensed podiatrist 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, Class B, or Class D 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, a licensed chiropractor, or a licensed podiatrist selected by the applicant from a list of licensed physicians, licensed chiropractors, and licensed podiatrists 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)(c)5.
5. The department shall issue a Class D permit to any person who meets the requirements under
par. (cd).
29.193(2)(cd)1.1. A person is eligible for a Class D permit if he or she meets the requirements specified in
subds. 2. and
3.
29.193(2)(cd)2.
2. A person meets the requirements of this subdivision if any of the following applies:
29.193(2)(cd)2.a.
a. The person has an amputation or other loss of one or more arms at or above the elbow.
29.193(2)(cd)2.b.
b. The person has a permanent substantial loss of function in one or both arms and fails to meet the minimum standards of the standard upper extremity pinch test, the standard grip test, or the standard nine-hole peg test, administered under the direction of a licensed physician or a licensed chiropractor.
29.193(2)(cd)2.c.
c. The person has a permanent substantial loss of function in one or both shoulders and fails to meet the minimum standards of the standard shoulder strength test, administered under the direction of a licensed physician or a licensed chiropractor.
29.193(2)(cd)3.
3. A person meets the requirements of this subdivision if any of the following applies:
29.193(2)(cd)3.a.
a. The person is unable to place his or her nondominant hand or prosthesis in a position that is level with his or her shoulders and at a minimum distance of 27 inches from his or her body or is unable to hold a 5-pound weight for 10 seconds when that person's nondominant hand or prosthesis is in that position.
29.193(2)(cd)3.b.
b. The person is unable to place his or her dominant hand or prosthesis in a position that is level with his or her shoulders at a minimum distance of 11 inches from his or her body.
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 during any season open to hunting of deer with firearms that is established by the department.
29.193(2)(cr)2.
2. A Class A permit authorizes the holder to shoot or hunt from a stationary vehicle, to fish or troll as authorized under
sub. (1m) (b) and to hunt certain game with a crossbow as authorized under
ss. 29.171 (2) and
29.216 (2).
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)(cr)4.
4. A person holding a current resident or nonresident deer hunting license and a Class D permit may hunt deer of either sex with a firearm only during a special season established by the department that is open for hunting deer with firearms by disabled persons who hold a permit under this section.
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)(d)3.
3. A holder of a Class D permit may use an adaptive device, as authorized by the department by rule, to facilitate the use of a firearm and may 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 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 and any other assistance authorized by the department by rule.
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, a licensed chiropractor, or a licensed podiatrist 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 percent or greater under
38 USC 1114 or
1134, or is receiving disability compensation benefits due to being individually unemployable under
38 CFR 4.16 as authorized under
38 USC 501.
29.193(3m)
(3m) Temporary fishing license for disabled persons. 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, reserves, or national guard. 29.194(1)
(1)
Certain resident licenses may be issued to students and members of the armed forces, reserves, or national guard. 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, a qualified member of a reserve unit of the U.S. armed forces, or a qualified member of the national guard as a resident for purposes of determining the member's eligibility for and cost of obtaining a hunting, trapping, or fishing approval under this chapter. 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. A qualified member of a reserve unit of the U.S. armed forces is a person who exhibits proof that he or she is a member of a reserve unit of the U.S. armed forces located in this state. A qualified member of the national guard is a person who exhibits proof that he or she is a member of the Wisconsin national guard.
29.194(1)(c)
(c) In addition to being able to qualify under
par. (b), for purposes of qualifying for a resident hunting or fishing approval, a member of the armed forces not stationed in this state or a member of a reserve unit of the U.S. armed forces not located in this state shall be treated as a resident if the member was a resident at the time he or she entered active service.
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 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 events. In addition to any special event or program sponsored under
sub. (2), the department shall, by rule, designate 2 special event weekends per year during which it shall 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 designate the 3rd full weekend in January as one of the special event weekends. The department shall, by rule, designate to which inland or outlying waters these waivers 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.
