29.181 Cross-reference
Cross-reference: See also s.
NR 10.001, Wis. adm. code.
29.182
29.182
Elk hunting licenses. 29.182(1)
(1)
Department authority. The department may issue elk hunting licenses and may limit the number of elk hunters and elk harvested in any area of the state. The department may establish by rule closed zones where elk hunting is prohibited.
29.182(1m)
(1m) Open season requirement. The department may not establish an open season for hunting elk that begins earlier than the Saturday nearest October 15.
29.182(2)
(2) Application. A person who applies for an elk hunting license under this section shall pay the processing fee under
s. 29.553 at the time of application.
29.182(3)(a)(a) A resident elk hunting license authorizes a resident of this state to hunt elk with a firearm, bow and arrow, or crossbow.
29.182(3)(b)
(b) A nonresident elk hunting license authorizes a nonresident of this state to hunt elk with a firearm, bow and arrow, or crossbow.
29.182(4)(a)(a) Except as provided in
pars. (c) and
(d) and
sub. (4m), if the department issues elk hunting licenses, the department shall issue a resident or nonresident elk hunting license to any person who applies for such a license, and who pays the fees required for the license.
29.182(4)(b)
(b) In issuing resident elk hunting licenses and nonresident elk hunting licenses under this section, the department shall determine the number of licenses it will issue in a given elk hunting season and shall allocate the licenses to residents and nonresidents in the following manner:
29.182(4)(b)1.
1. If the total number of licenses to be issued is 100 licenses or less, the licenses shall be allocated for issuance only as resident elk hunting licenses.
29.182(4)(b)2.
2. If the number of licenses to be issued is more than 100 licenses, the first 100 licenses and 95% of the amount over 100 shall be allocated for issuance as resident elk hunting licenses and the remaining licenses shall be allocated for issuance as nonresident elk hunting licenses.
29.182(4)(c)
(c) If the number of applicants for resident elk hunting licenses exceeds the number of resident elk hunting licenses that are available under
par. (b), the department shall select at random the residents to be issued the licenses. If the number of applicants for resident elk hunting licenses is less than the number of resident elk hunting licenses available under
par. (b), the department shall reallocate the unissued licenses to be issued as nonresident elk hunting licenses under
par. (d).
29.182(4)(d)
(d) If the number of applicants for nonresident elk hunting licenses exceeds the number of nonresident elk hunting licenses that are available under
par. (b), the department shall select at random the nonresidents to be issued the licenses. If the number of applicants for nonresident elk hunting licenses is less than the number of nonresident elk hunting licenses available under
par. (b), the department shall reallocate the unissued licenses to be issued as resident elk hunting licenses.
29.182(4)(e)
(e) In addition to any other elk hunting license that the department issues under this subsection, the department shall issue one resident elk hunting license in an elk hunting season to an organization known as the Rocky Mountain Elk Foundation if the organization applies for the license for that season and pays the required fees for the license. The organization may apply for the license only during the first 5 elk hunting seasons for which licenses are issued under this section.
29.182(4)(f)
(f) The organization known as the Rocky Mountain Elk Foundation shall award the license that is issued under
par. (e) as a prize in a raffle conducted by a subunit of the organization that is licensed to conduct raffles under
ch. 563.
29.182(4)(g)
(g) The organization known as the Rocky Mountain Elk Foundation shall transfer the license awarded under
par. (f) only to a person who is qualified to receive a resident elk hunting license and shall transfer to that person the carcass tag and back tag that was issued by the department to the organization under
subs. (6) and
(7).
29.182(4)(h)
(h) If the organization known as the Rocky Mountain Elk Foundation fails to transfer the license under
par. (g), the license shall become invalid, and the department may issue another resident elk hunting license under this subsection.
29.182(4)(i)
(i) The organization known as the Rocky Mountain Elk Foundation shall use the proceeds from the raffle under
par. (f) in this state to promote elk management, to promote the reintroduction of eastern elk, or to further elk research.
29.182(4m)
(4m) Limitation of one license. A person may be issued, or transferred under
sub. (4) (g), only one resident elk hunting license in his or her lifetime, and the resident elk hunting license shall be valid for only one elk hunting season. The issuance, or transfer under
sub. (4) (g), of the license to the person is subject to
ss. 29.024 and
54.25 (2) (c) 1. d.
29.182(5)
(5) Fees. Fees received from the issuance of licenses under this section shall be credited to the appropriation account under
s. 20.370 (1) (hq).
29.182(6)
(6) Carcass tag. The department shall issue an elk carcass tag to each person and organization who is issued an elk hunting license under this section.
29.182(7)(a)(a) The department shall issue a back tag to each person and organization who is issued an elk hunting license under this section.
29.182(7)(b)
(b) No person may hunt elk unless there is attached to the center of the person's coat, shirt, jacket, or similar outermost garment where it can be clearly seen, the back tag issued to the person under
par. (a).
29.183
29.183
Deferral of certain approvals. 29.183(1)
(1) The department shall defer as provided in
sub. (4), upon request from a person who meets the requirements under
sub. (2) and who submits a request under
sub. (3), any of the following approvals that the department issues to the person under a random or preference selection system:
29.183(2)
(2) A person shall meet all of the following requirements to be eligible for the deferral of an approval under
sub. (1):
29.183(2)(a)
(a) Be selected under a random or preference selection system for the issuance of any of the approvals listed in
sub. (1).
29.183(2)(b)
(b) Be serving on active duty in the U.S. armed forces or national guard.
29.183(2)(c)
(c) Be unable to exercise his or her privilege to fish, hunt, or trap as permitted by that approval due to his or her service on active duty in the U. S. armed forces or national guard.
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)1m.
1m. Pursue a bear, provided that the licensee does not shoot, shoot at, capture, take, or kill the bear, except as provided under
subd. 4.
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(3)(br)4.
4. Shoot, for the purpose of killing, a bear that was shot, but not killed, by a Class A bear license holder if the Class B bear license holder was hunting in the same hunting party as the Class A bear license holder at the point of kill, if the Class A bear license holder possesses a current unused bear carcass tag that is authorized for use on the bear killed, and if killing the bear is necessary to protect the safety of the members of the hunting party or others.
29.184(3)(c)
(c)
Type of hunting authorized. A Class A bear license authorizes hunting with a firearm, bow and arrow, or crossbow.
29.184(3m)
(3m) Open season requirements. If the department establishes an open season that includes a period during which a Class A bear license holder is allowed to hunt bear with the use of a dog, the department shall allow a Class B bear license holder to engage in the activities specified in
sub. (3) (br) 3. during that period.
29.184(4)(a)(a) Except at facilities and specified property locations where prohibited by
s. NR 45.06, Wis. Adm. Code, a person may engage in the training of a dog as authorized under
sub. (3) (bg) or
(br) without keeping it on a leash during the period from July 1st through August 31st if all of the following apply:
29.184(4)(a)1.
1. The dog is uniquely tattooed or wears a collar with the owner's name and address attached.
29.184(4)(a)2.
2. The person holds a Class A or Class B bear license issued under this section or is exempt from holding such a license under
sub. (5).
29.184(4)(a)3.
3. The dog is being trained in a single pack of dogs that complies with the size requirement under
par. (c).
29.184(4)(c)
(c) No more than 6 dogs may be in a single pack regardless of the number of individuals involved in the training and regardless of whether there is more than one owner of the dogs.
29.184(5)(a)(a) A person under the age of 16 years may engage in the activities authorized under
sub. (3) (br) 1. to
4. 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
4. without holding a Class B bear license.
29.184(5)(c)
(c) Any person may engage in the activities authorized under
sub. (3) (br) 1. to
4. during the 3rd Saturday in August and the immediately following Sunday 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)1.
1. The applicant is at least 10 years old. If the applicant is under 12 years of age, the applicant is subject to the restrictions specified under
s. 29.592.
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.
